建国以来我国林业法规演变过程研究

发布时间：2018-05-02 01:50

本文选题：林业政策 + 森林资源　；参考：《西北农林科技大学学报(社会科学版)》2011年04期

【摘要】：通过分析我国建国60年来森林资源发展状况和林业法规的变化情况,总结变化的规律,认为政策法规的制定理念经历了从国家本位到权利本位的变化,即从建国到"文革"时期,政策法规的制定理念是国家本位,林业法规处于次要地位,公民的森林权利遭漠视;改革开放之后,林业法规才慢慢发挥主导地位,公民的林业权利也逐渐受到重视,体现了权利本位的立法理念。指出国家本位的政策法规导致森林资源的破坏性利用,以及权利本位的政策法规促进了森林资源的增加。认为完善林业政策法规应该:制定政策和法规必须正确处理近期和长远利益、局部和全局利益的关系;应该保障多元的林业主体参与林业政策的制定;建议更多地采用经济手段和制度安排解决我国的林业问题。只有制定科学的林业法规,才能促进民生和森林资源的共同发展。
[Abstract]:Based on the analysis of the development of forest resources and the changes of forestry laws and regulations in the past 60 years since the founding of the people's Republic of China, this paper summarizes the law of change, and concludes that the formulation concept of policies and regulations has undergone a change from the state standard to the right standard. That is, from the founding of the people's Republic to the period of the "Cultural Revolution", the formulation of policies and regulations was the national standard, the forestry laws and regulations were in the secondary position, and the citizens' forest rights were ignored. After the reform and opening up, the forestry laws and regulations slowly played a leading role. The forestry rights of citizens have been paid more and more attention, which embodies the legislative idea of right-based. It is pointed out that the national standard policies and regulations lead to the destructive utilization of forest resources, and the rights based policies and regulations promote the increase of forest resources. The author thinks that to perfect forestry policies and regulations, it is necessary to correctly handle the relationship between short-term and long-term interests, local and overall interests, and ensure the participation of multiple forestry subjects in the formulation of forestry policies. It is suggested that more economic measures and institutional arrangements should be adopted to solve the forestry problems in China. Only the establishment of scientific forestry laws and regulations can promote the common development of people's livelihood and forest resources.
【作者单位】：北京林业大学经管学院;
【分类号】：D922.63;F326.2

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