Usufruct Rights Conflicts during the Exploitation and Management of Forest Parks in China

  • Zhang, Hao (Law Department, Beijing Forestry University) ;
  • Park, Bong-Woo (Landscape Architecture Program, College of Forest & Environmental Science, Kangwon National University)
  • Received : 2009.01.21
  • Accepted : 2009.10.19
  • Published : 2009.12.31

Abstract

Forest parks are regarded as one of the scientific ways to keep the forest sustainably developed, meanwhile deliver the benefits to the general public. The development of forest parks in China has experienced simply more than 20 years and both the exploitation and management institutions haven't been set up systematically, which, in reality, reflects as inadequate legislative and policy framework. Without the regulatory guidance and collaborating assistance of environment relating governmental sectors at both national and local levels, it's inevitable that the development of forest parks in the country would face constant problems and conflicts. Therefore, it might be helpful to sort out this conflicts and problems and further more to work out how to solve the barriers. The research in this report started with introducing the IUCN Protected Areas Categories, the overall current situations in China and compared the definition of forest parks in the country and that in international experience. It is to aim to find out the real usufruct rights conflicts during the exploitation and management of forest parks and the method used in this report is field visit, previous investigation, collecting secondary materials, interview, analysis and comparison. The research result in this report couldn't cover all the conflict situations during the forest parks' exploitation and management in China but will provide the analysis of this problem from the legal perspective. Practical application and concerning suggestion will be fully discussed in Part 5 in terms of legislative, social and environmental effects.

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