Protecting forest ecology with the strictest system and the strictest rule of law

2022-06-15

In order to strengthen the trial guidance of civil dispute cases of forest resources, protect the ecological environment and the legitimate rights and interests of the parties according to law, the Supreme People's Court issued the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of civil dispute cases of forest resources (hereinafter referred to as the interpretation) on the 14th, regulating the acceptance of civil cases of forest resources, forest land and forest trading, forest land contract management and other issues. It is reported that since 2019, courts at all levels across the country have concluded 403989 first instance cases involving forest resources, including 268180 civil cases. There are 23 articles in the interpretation, which are divided into four parts: general provisions, contracted management of forest land, new types of cases, and protection of forest ecological environment. The main contents are as follows: First, strengthen the unification of market rules, and clarify the rules for forest land and tree trading and dispute acceptance. Article 2 of the interpretation stipulates that if a party disputes the ownership and content of the real right of forest land and trees due to a civil act as the reason for the change of the real right, and exercises the right of claim for confirmation of the real right according to Article 234 of the civil code, the people's court shall accept it as a civil case according to law; At the same time, it is clear that if a party brings a civil lawsuit due to a dispute over the confirmation and registration of forest land and trees made by an administrative organ, the people's court shall inform it to resolve it through administrative reconsideration and administrative litigation procedures according to law. Second, we will ensure the reform of the separation of the three rights of rural land and refine the rules for the contracted management of forest land. Based on the provisions of the civil code and the rural land contract law, the interpretation has been refined according to the characteristics of forestry production and management. Article 6 of the interpretation clearly states that the people's court will not support the transfer of the contractual management right of forest land by the contractor of household contracted forest land without the consent of the employer, or the transferee is not a member of the collective economic organization, and the transferee claims to obtain the contractual management right of forest land; Except that the employer is unable to disagree or delay to make a statement. Third, implement the requirements for ecological location protection and clarify the rules for the management and utilization of public welfare forests. Article 14 of the interpretation stipulates that the people's court shall conduct special examination on the public welfare forest management contract concluded by the parties to ensure that it meets the requirements for the protection of the ecological location of public welfare forests and does not affect the ecological functions of public welfare forests. Encourage the rational use of forest land resources and forest landscape resources of public welfare forests on the premise of scientific demonstration and strict compliance with relevant national regulations. Fourth, the goal of service carbon peaking and carbon neutralization was achieved, and the forestry carbon sink trading rules were standardized. Article 16 of the interpretation makes it clear that for the new type of guarantee with forestry carbon sequestration as the object, the people's court shall, on the basis of adhering to the legal principle of real right, protect the priority of the real right holder of the guarantee in accordance with the law. The fifth is to summarize the trial experience and enrich the rules of liability for forest ecological environment damage. Article 17 of the interpretation makes it clear that if the ecological environment of the forest is damaged in violation of state regulations and the ecological environment can be repaired, the people's court may order the infringer to bear the responsibility for repair within a reasonable period of time by replanting trees, restoring vegetation, restoring soil properties of the forest land, and releasing corresponding biological populations. The supreme law also issued 10 typical cases. The beneficial exploration and experience summary of these cases on the applicable rules of laws for the protection and utilization of forest resources involve the protection of the Yangtze River Shelter forest, the management of barren mountains around the black soil area, the prevention and control of forest fires, green finance and other aspects. (outlook new era)

Edit:sishi    Responsible editor:xingyong

Source:http://paper.people.com.cn/rmrb/html/2022-06/15/nw.D110000renmrb_20220615_3-14.htm

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