Promoting scientific development and rational util

2022-07-26
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Promoting scientific development and rational use of forest land through three transformations forest land is the foundation of forestry construction and development, the barrier of food security, and the potential to solve the problems of agriculture, rural areas and farmers. The protection of forest land is related to the lifeline of national ecological security and the Centennial plan of building ecological civilization. We should adhere to the strictest farmland protection system and resolutely stop illegal occupation of farmland and forest land. On March 5 this year, Premier Wen Jiabao of the State Council was extremely resolute in his report on the work of the government to the deputies to the National People's Congress. With the deepening of a series of reform measures based on long-term development, the audit management of land requisition and occupation in China has gradually embarked on the track of standardization and legalization. At present, the competent forestry department of the State Council is in accordance with the new tasks and requirements of building ecological civilization, basically forming the industrial structure, growth mode and consumption mode of saving energy and resources and protecting the ecological environment proposed by the 17th National Congress of the Communist Party of China, earnestly implementing the scientific concept of development, taking positive measures, striving to achieve three changes in the audit and management of forest land requisition and occupation, and accelerating the sound and rapid development of modern forestry

the supply of forest land has changed from demand led to supply LED.

the management of forest land resources involves the important relations between the present and the long term, intensive and extensive, protection and utilization, and is a basic problem that needs to be concerned and solved in the implementation of the scientific concept of development. China has 0.132 hectares of forest land per capita, less than 1/4 of the world average, ranking 134th in the world. The forest coverage rate is 18.21%, which is only equivalent to 60% of the world. In September2007, at the 15th APEC Economic Leaders' meeting, General Secretary Hu Jintao put forward the development goal of increasing China's forest coverage to 20% by 2010. The decision of the Central Committee and the State Council on accelerating forestry development clearly puts forward the development goal that the forest coverage rate will reach and stabilize above 26% by 2050. According to the calculation of the high forest land utilization rate, the minimum forest land tenure in China will reach 4.65 billion mu at that time. It is an arduous task to keep the red line of China's forest land resources while meeting the forestry needs of national economic and social development. The current situation of forest land resources in China determines that we must support, ensure and serve the comprehensive, coordinated and sustainable development of the national economy and society by saving and intensive land use, and form a harmonious situation of scientific development and rational use of forest land

over the years, China's forest land supply policy has not formulated clear quantitative indicators. As long as the project initiation documents of various construction projects are complete, and the authority, duration and procedures of forest land acquisition and occupation review comply with the provisions of relevant laws and regulations, it is not limited by the total amount of forest land, and is completely an open forest land supply mode that supports the demand. Forest land is a kind of non renewable resources. The current situation of forest land resources, such as insufficient total amount, uneven distribution, low productivity and prominent contradiction between supply and demand, determines that this supply mode can no longer adapt to the forestry development strategy focusing on ecological construction, and it is difficult to achieve the national and provincial goals for the "Tenth Five Year Plan" and the medium and long-term forest coverage, and it is difficult to meet the requirements of China's sustainable economic and social development

in accordance with the forest law and other relevant laws and regulations and the provisions of the central government on the implementation of macro-control policies, the State Forestry Administration, on the basis of full investigation and research, has started to implement the quota management system for the requisition and occupation of forest land nationwide since this year. As one of the necessary means of forest land use control, that is, when reviewing various planning and construction items related to forest land use, the equipment is placed beside the window to facilitate the discharge of the odor produced during the test to the outside; Under the premise of land use standard, based on carefully calculating the supply of forest land and the demand for forest land requisitioned and occupied by construction projects in each province during the Eleventh Five Year Plan period, and taking full account of the ecological carrying capacity of each region, the construction projects requisitioned and occupied forest land are quantitatively controlled and managed to avoid unreasonable loss of forest land caused by blind expansion of construction scale and extensive waste, so as to ensure that the use of forest land is based on orderly and paid development, Implement limited development. This change in supply LED forest land supply mode not only ensures the sustainable growth of forest resources, but also gives overall consideration to the objective needs of economic and social development. It can give priority to ensuring the use of forest land for national key construction projects and infrastructure construction projects, restrict the use of forest land for operational construction projects, and prohibit the use of forest land for construction projects whose land supply is expressly prohibited by national laws and regulations. In order to gradually form total amount control, quota management The long-term mechanism of rational land supply and economical land use will lay a solid foundation for continuously improving the utilization efficiency and benefits of China's forest land resources

the forest land requisition and occupation has changed from passive audit to active audit.

according to the current laws and regulations and the functional division between departments, the forest land management is a combination of the unified management of the land management department and the professional management of the competent forestry department. Article 18 of the forest law stipulates that if forest land must be occupied or requisitioned for prospecting, mining and various construction projects, the examination and approval procedures for construction land shall be handled in accordance with the laws and administrative regulations on land management after being examined and approved by the competent forestry department of the people's government at or above the county level. The land administration law also clearly stipulates that all construction projects involving forest land must obtain the written approval of the competent forestry department at the same level, and then the land administration department shall submit them to the competent people's government for approval. Accordingly, the rejection of the forest land requisition and occupation examination application by the competent forestry department can block the construction project land application from entering the final construction land examination and approval procedure

however, since the revision of the current forest law was earlier than the land management law, the land management law revised in 1998 and its implementation regulations, the newly established land pre-trial system for construction projects, as well as the approval of geological disaster assessment, environmental impact assessment and water and soil conservation schemes stipulated by relevant laws, were completed before the approval, approval or filing of the project, The above-mentioned regulations and systems have led to the virtual existence of the pre audit right of the competent forestry authorities to a certain extent. Take the pre-trial system as an example, that is, in the approval, approval or filing stage of a construction project, the land management department reviews the site selection and land scale of the project, issues a pre-trial report to the project approval authority, and issues the first pass for the project approval. In the pre-trial process, there was no division of land types, and the opinions of relevant land types such as forest land, grassland and other competent departments were not solicited. Some construction units even identified the forest land as non forest land, and bypassed the review of the competent forestry department to complete the site selection and preliminary design of the project. Undoubtedly, after the project approval, site selection, approval of the project feasibility study report and preliminary design have been completed until the project is approved, approved or filed, when the construction unit applies to the competent forestry department for the review of forest land requisition and occupation, due to the serious delay in the review of forest land, the competent forestry department requires a project to reconsider the optimized land occupation scheme according to the law of ecological protection, It not only wastes a lot of investment, such as people and property, but also delays the construction time and completion period. Some construction units even change the use of forest land without approval on the grounds of construction period restriction. Therefore, it is of great significance to move the focus of the audit to the link before the approval, approval or filing stage of the construction project, and actively establish a contact and coordination mechanism with relevant departments in the legal gateway of the audit of land requisition and occupation

fortunately, in recent years, some provinces (autonomous regions and municipalities) such as Inner Mongolia and Anhui have carried out the early review of forest land use by means of joint departmental meetings during the project initiation stage. Practice has proved that the practice of the forestry department has greatly improved the efficiency and effect of the review of construction projects. It has not only strictly protected the forest land with important ecological location, but also effectively implemented the legal provisions of Article 8 of the forest law that construction projects should not occupy or occupy less forest land. The construction unit, the project approval department and the competent forestry department have benefited from it

another problem that can not be ignored is that the current laws, regulations and departmental rules have only made strict provisions on the legality of the project type, approval procedures, authority and time limit for the acquisition and occupation of forest land for construction projects, while the scientific provisions on how to make the evaluation indicators of forest land audit more standardized and accurate are still weak. Inevitably, there is randomness and blindness in the acquisition and occupation of forest land. The important ecological function areas of the protection have not been protected, and the available areas can not be well utilized. The forest land audit is both soft and wide, which brings serious challenges to the forest land management. The expert evaluation system of forest land requisition and occupation is the key measure to meet the challenge and scientifically demonstrate the site selection and land scale of specific construction projects at the micro level. Through the advance scientific review, we can restrain some unreasonable construction projects, adjust the site selection of some unreasonable construction projects, and reduce the scale of some unreasonable construction projects, which is conducive to promoting the standardization and scientization of the review of land requisition and occupation, as well as maintaining the stability and security of administrative licensing decisions

compensation for requisition and occupation of forest land has changed from physical compensation to ecological value compensation of forest land

for a long time, due to the influence of natural attributes and production attributes of cultivated land and forest land, the idea of emphasizing cultivated land over forest land is more obvious and prominent than that of cultivated land resources for forest land and the industries it depends on. In fact, some differences between forest land and cultivated land, especially the differences in social attributes, can be divided into static stiffness test and dynamic stiffness test, which determines that the compensation for forest land requisition and occupation should have an institutional arrangement consistent with its own characteristics. As we all know, the main function of cultivated land is to meet people's living needs. In contrast, from the perspective of national policy guidance and sustainable development needs, the ecological function of forest land is the first. If the income from cultivated land is fully enjoyed by the users of cultivated land in addition to the taxes and fees paid, the invisible ecological benefits of realizing the function of forest land are mainly shared by the whole community and even the whole people. Generally speaking, the impact of cultivated land on the ecological environment is basically realized through the crops it carries. Wheat, rice and other crops planted on cultivated land are unlikely to have much impact on the environment due to their own characteristics. Cultivated land is often the land that has been reclaimed and reorganized for a long time. After being damaged and reorganized, it can generally be restored quickly. However, this is not the case in woodland. The regulation of ecological status largely depends on their high-speed computer sampling. As the destruction of forest land leads to the deterioration of the regional small environment and even the large environment, it is common to see examples, so it gave birth to the ecological protection policies such as returning farmland to forest. The increase of sediment concentration in the rivers of the Yangtze River and the Yellow River is due to the destruction or reclamation of the forest land in the upper reaches of the river. The cycle from forest land to cultivated land may be less than one year, but the cycle from cultivated land to forest land may be ten years

according to the investigation, according to the current laws and regulations, the compensation fees for forest land, forest compensation fees, resettlement subsidies and forest vegetation restoration fees for the acquisition and occupation of forest land in the same area and under similar conditions

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