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The Forrest Ownership Judicial Trial Theory Seminar

On April 16th, the seminar on "Theory and Practice of Forest Ownership Judicial Trial " was held in Nanling, Guangdong Province. The symposium was jointly organized by the Supreme People's Court Environmental Resources Judicial Theory Research Base (Renmin University) and environment resource tribunal of the Supreme People's Court. , Peng Zhen Democratic Legal System Research and Education Fund. Environmental Resources tribunal Secretary Bi Dongsheng and the fourth collegial panel Zhang Hua and other comrades presented, Professor Zhou Ke from Renmin University Law School presided over the meeting.The study of forest rights disputes and judicial trial practice, focusing on the forest rights and forest-related judicial protection issues, combined with the "Civil Law General Provisions" introduced the opportunity to judicial protection and forest rights trial work theory and Judicial practice issues were discussed, put forward a lot of very constructive comments and suggestions, which laid a foundation for the next step in the trial of disputes involving forest disputes. From the National People's Congress of the Central Committee of the Central Committee of the Comrade, several universities and the Guangdong Provincial High Court, Qingyuan Middle Court of judges and other eight experts and scholars made a keynote speech.


Part 1: The issue of dispute and right of mountain ownership

South China University of Agriculture Professor Wang Zhidian and Northeast Forestry University Professor Zhou Yuhua, respectively, made a keynote speech on the affirmation of Forrest rights of Guangdong Province and Heilongjiang Province.

Wang pointed out that from the forest right to the administrative mediation to the judicial trial, often need more than two years, whether the civil proceedings can be relaxed. In addition, after the administrative mediation, the parties brought administrative litigation, the result of the litigation may lead to dissatisfaction with the dissolution of one party again, often against a matter of tenure, and to solve the problem is extremely inefficient.

Professor Zhou Ke from Renmin University responded, for the flawed historical legacy certificate, should be based on facts, not easy to write off, so as to avoid causing more complex problems.

Zhou Yuhua spoke that the issue of forestry ownership in Northeast China is very different from that in southern China. The reform of collective forest rights in Heilongjiang Province was basically completed in 2011. The real problem and difficulty lies in the reform of state - owned forest right. Due to the state-owned forestry system arrangement, the forestry property right is vacant, the main body of operation and the responsibility is absent, and the right and responsibility are seriously united. And the property rights system is not in place, so that a large number of forest area state-owned assets losses, a large number of forest resources are consumed. As the pilot of the reform of state-owned forest tenure, in 2003, from the 4 million hectares of state-owned forest out of 80,000 hectares of forest land to the staff for contract management, contract period of 50 years. During the period, the employee holds the ownership, the right to operate and the disposition of the trees, allowing the transfer, inheritance and sale.

Zhou Yuhua believed that the current state-owned forest area property rights system reform still had many urgent icebreaker. State-owned forests are the national forest reserves, which are different from the special value of collective forest rights. Especially the northeast part of the forest is more precious, longer production cycle. Whether the ownership of the forest can exercise the right of disposition? How to exercise the right to operate without changing the nature and purpose of state ownership? Because there are no existing rules, the existence of these problems hinders the transfer of forest rights and the use of forest resources.

Zhang Quan, the head of the Supreme People's Court's Environmental Resources Trial Chamber, argues that the reform of forest tenure needs to determine what nature of the tenure of forest tenure and what is the benefit of forest rights. Zhou Ke said that the promotion of forest rights is private expansion, the purpose is to protect private rights. Forest reform is to deepen the reform of agriculture, a breakthrough, to promote the separation of powers, will inevitably break the current pattern of interests. Capital into the forest rights system, will bring resource risks, and even affect the survival of forest employees¡¯ rights, but should not be reformed because of these associated problems.


Part 2: A Study on the Theory of Forest Right under the Compilation of Civil Code

Prof. Hou Jiaru, Professor of China University of Political Science and Law, and Xia Min, Professor of Zhejiang Agricultural and Forestry University, made speeches on the theory of forest rights under the compilation of civil code.

Hou Jiaru believed that new "General Principles of Civil Law" principle there is a certain hierarchy of relationships when applicable. The core of the first order is my obligation to "self", that is, to emphasize the autonomy of meaning; the second order of the core is my "other" obligations, that is, emphasizing personality equality; third level of the core is my " We "obligations, that is, emphasis on public order and vulgar. Article 9 on environmental protection falls within this category. The core of the fourth rank is my obligation to "state", that is, to emphasize compliance with national legislation. From the order of this order can be seen, the core of forest reform and the fundamental place lies in the maintenance of forest farmers rights and interests. Whether forest farmers can benefit from the reform of collective forest property rights is an important criterion for the evaluation of forest rights. To take the "top-down government to promote" reform model, easy to make farmers become passive groups. The core of modern civil law lies in the realization of creditor's rights. Therefore, the realization of forest farmers' rights and interests depends on whether the turning of market-oriented management of collective forestry resources is realized smoothly.

He also said that the perfect "national occupation, requisition of forest land system" is the key to the protection of forest farmers interests. For what is meant by "public interest", it is necessary to restrict the discretion of the executive and the judge through the provision of legislation.

Xia Shaomin discussed the issue of forest circulation under the civil law. The confusion of forest and forest management rights is one of the obstacles to the circulation of trees. There is a theoretical controversy as to whether the forest land can be set up alone in the forest. For the ecological public welfare forest, its existence is to compensate for ecological benefits, whether it should be mortgaged or clear its ability to guarantee and the scope of the mortgage is also controversial. Forest as a usufruct property is difficult to make a mortgage, because the forest production cycle is long, there is a risk, and the general loan 1 to 3 years cycle does not match, non-performing loan rate; forest mortgage loans only fir, loose above the age Trees and bamboo forest, logging sites, young trees, flowers and seedlings, under the forest economy and forest tourism has not yet carried out.

Zhang Hua believed that there is a transaction in order to achieve property rights. Ensuring that the transaction is a way for the forest to realize its claim. Zhou Ke asked that the nature of the forest, whether it can weaken its property rights, and the use of administrative licensing + contract to solve the business difficulties.


Part 3: Forest legislation, administration and economic regulation

National Committee of the National People's Congress Environmental Policy Committee Ding Min reviewed the progress of China's forest-related legislation, China's forest-related laws at this stage of the problem summarized as: the definition of forest rights is not clear, forest rights transfer procedures are not clear, forest disputes Difficulty, and legislative progress is slow.

Zhou Ke reported on the draft "State Forestry Administration to promote the random sampling mechanism to regulate the implementation of the program at all times¡±. Gao Yuan introduces the current situation of China's forestry carbon sequestration transaction.


Part 4: Judicial Trial of Forest Environment

Guangdong Province Qingyuan City Intermediate People 's Court Environmental Resources Trial Office Xie Weicheng introduced Qingyuan City Intermediate People' s Court environmental justice trial of the host system.

The Supreme People's Court Environmental Resources Court of the discipline inspection inspector Bi Dongsheng praised the system, but put forward two questions: First, the ecological damage repair the amount of money is how to determine? There is no adequate scientific basis for 5 million of the amount to determine. Second, the system did not set the third party supervision, how to protect the final repair results to achieve the desired results?

Zhou Ke pointed out that the characteristics of judicial activities in China at present is embodied in ensuring reform, active judicature, serving green and coordinating interests. Can not focus on service capital, disputes should also be used in the handling of mediation. One of the general premises of the national judiciary to deal with the problem is to maintain the stability of the contract and guarantee the basic rights and interests of the farmers.

Zhou Yuhua introduced the situation of judicial adjudicating institutions in Heilongjiang province. Doctor Zhang Yanxuedan argues that the judicial trial should not be the core means to solve the dispute over forest rights. She discussed the connection between environmental administrative law enforcement and environmental justice, and made a microscopic analysis of the environmental administrative law enforcement and judicial interaction and the existence of linkage obstacles.


After the seminar, some researchers and teachers and students went to Guangdong Nanling Nature Reserve and Zhejiang Qingliangfeng Nature Reserve for investigation and study, listened to the opinions of the protected area on the legal system, and analyzed some difficult problems in the real law enforcement and made a suggestion.

(Editor: ZHAN Hefei)

 
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