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 SPC Issues Judicial Interpretations on Protection of Forest Ecosystem
Chinese
Category:Legislative Updates  
Subject:Environmental protection  
Keywords:forest ecosystem;  judicial interpretation;  protection of forest resources
Source:Pkulaw
Publish Date:06-23-2022
 
Recently, the Supreme People's Court (SPC) released the Interpretations on Several Issues Concerning the Application of Laws in the Trial of Cases Regarding Civil Disputes over Forest Resources.
In order to deepen the reform on the system for separating rural land ownership rights, contract rights, and management rights, the document specifies the rules for the contractual management of forest land. In accordance with Article 6 thereof, where a household-based forest land contractor transfers its right to contractual management of forest land without the approval of the party awarding the contract or the transferee is not a member of the collective economic organization, the people's court shall not support the claim of the transferee for obtaining the right to contractual management of forest land, unless the party awarding the contract disapproves without statutory grounds or delays in taking a stand.
Meanwhile, the document clarifies the rules for the operation and exploitation of public welfare forests so as to enforce the requirements for ecological protection. In accordance with Article 14 thereof, the people's court shall conduct special examinations on the contracts for operating public welfare forests to ensure that the contracts are in line with the requirements for protecting the ecosystem of public welfare forests and not to hinder their ecological functions. On the other side, the document encourages the appropriate exploitation of public welfare forest resources and forest tourism resources after scientific appraisals and in strict accordance with the laws and regulations of the country.
Besides, the document prescribes rules for forest carbon sink trade with the aim of achieving peak carbon emissions and carbon neutrality. In accordance with Article 16 thereof, as for the new type of guarantee with the forest carbon sink as collateral, the people's court shall protect the preemptive rights of security interest holders to indemnification by adhering to the statutory principles of real rights.
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