林业融资问题研究综述

国内学者对林业融资中所存在的资金投入不足,融资渠道狭窄,法规不健全,贴息贷款难等问题进行综述。对产生诸多问题的原因归纳为:公益林主要是市场失灵和政府失灵;商品林业是银行贷款风险高,资源配置不完善,信息不对称,融资成本高等。对策,公益林要完善政府投资行为与生态效益补偿制度、生态效益交易服务市场体系等;商品林应加快推进林业信用体系建设及完善担保体系,规范民间融资和发展林业合作组织等。     

Using participatory mapping and a participatory geographic information system in pastoral land use investigation: Impacts of rangeland policy in Botswana

Since the 1980s, the spatial extent of communal grazing lands in Botswana has been diminishing due to rangeland privatisation and fencing associated with animal health policies. Spatial comparisons of pastoral land use transformations are particularly important where accessibility to grazing and water resources remains at the core of sustainable pastoralism policies. Achieving success in pastoral development research requires a sound understanding of traditional pastoralists’ information systems, including the nature of local spatial knowledge. This study explores local spatial knowledge through participatory mapping and a Participatory Geographic Information System to understand and analyse pastoralists’ grazing patterns, spatial mobility and the impacts of subdivisions and privatisation policies in Botswana’s Ngamiland rangelands. The study uses focus group discussions, historical analysis through key informant interviews, and participatory mapping exercises along with community guided transect walks. The resulting maps provide insights into the traditional tenure patterns of land use and the impacts of rangeland policy on traditional livestock spatial mobility and access to grazing lands. Privatisation and rangeland enclosures have resulted in the restricted movement of livestock and overstocking of floodplains and riparian rangelands, with some natural water pans becoming inaccessible to local communities. We conclude that the integration of local spatial knowledge can be used to foster better articulation and understanding of pastoralists’ tenures, which are often lacking in communal land administration systems. Such integrated analysis can contribute to sustainable pastoral land management policy toolkits in semi-arid rangeland environments and enable better land tenure and management decision making for sustainable land management.     

非法采伐及国际上打击非法采伐的努力

对非法的相似概念进行界定,提出需要打击的非法采伐的行为。我国从加强林业企业监督、完善法律法规、加强国际合作,积极参与打击非法采伐的进程与对话,与国际社会共同探讨打击非法采伐等方面作出努力,及英国、美国、俄罗斯等一些国家积极应对非法采伐及相关贸易问题的相关措施。     

我国网箱养殖存在的问题与对策

本文从网箱养殖对环境的污染、网箱养殖从业人员的违法行为、网箱养殖对捕捞渔民生产的影响和网箱养殖给水域生态环境带来的风险等方面分析了我国网箱养殖存在的问题,并提出了加强网箱养殖管理的对策,如政府要提高认识增加养殖管理研究的经费投入,加强对养殖管理制度的研究力度;借鉴国外先进的养殖管理法律和经验,完善我国的养殖法律法规;加强执法,促进网箱养殖的规范化管理。     

Forest proximity and residential land values

This study estimates a hedonic price equation for residential lands in some mountain counties of Colorado. Results suggest that per-acre price of land in a town is positively influenced by the town's proximity to ski resort and is negatively influenced by its proximity to forest. However, there is a positive fixed effect of having a protected forest such as a national park or wildlife refuge nearby, and the negative effect of proximity of forest is much lower with protected forests. Results suggest that increasingly bigger parcels of land command progressively lower per-acre prices.     

试谈对法律责任适用中竞合问题的处理

《森林法》是我国林业建设的基本法 ,它既是一部护林法 ,又是一部兴林法 ,保护森林资源是森林法的宗旨。但现实中破坏森林资源的行为时有发生 ,我国《森林法》专章规定了对违反森林法规定的行为所应承担的法律后果。违反森林法律规范是产生法律责任的前提 ,法律制裁则是法律责任的必然后果。根据违反森林法律规范行为的性质和程度不同 ,森林法中的法律责任主要分为刑事责任和行政责任。责任种类差别决定执行处罚的机关不同 ,而不同机关对违法行为处罚所适用的程序法和实体法也不同 ,因此各种责任在适用中会出现竞合情况。正确处理好各种责任之间的衔接 ,首先要区分违反森林法律规范的性质 ,即是一般违法行为还是犯罪 ,这是处理行政责任和刑事责任适用衔接的前提和基础。     

Conversion of agricultural and forest land to other purposes in the context of land protection: Evidence from Polish experience

The protection of agricultural land and forests is a relatively new concept in Poland, and it began with forest protection in the 1920s. The first regulations on the protection of agricultural land were introduced only in the 1960s. Agricultural land and forests received comprehensive protection pursuant to the provisions of the Act of 26 October 1977 on the protection of agricultural land, forests and land recultivation. This legal act set the foundations for the protection of farmland and forests in successive decades.The aim of this study was to determine the influence of farmland and forest protection on spatial planning and to highlight the loss of agricultural and forest land resulting from conversion to other purposes. Legal regulations pertaining to spatial planning and the protection of agricultural and land forests were analysed. The scale of the problem was identified, and future land-use types were forecast based on the data developed by Statistics Poland (GUS). The existing spatial plans (municipal master plan - MMP) were analysed to determine the conversion loss index (CLI) associated with the conversion of agricultural land and forests to other uses. Legal regulations pertaining to the protection of agricultural land and forests were also analysed, and the extent of the relevant conversion measures was determined. The study demonstrated that urban development and the inevitable urbanization of rural areas contribute to the loss of agricultural and forest land that are converted to other uses.     

从违法建筑登记谈不动产登记审查范围

不动产登记机构在办理转移登记时发现不动产上存在违法建筑,这类情形是否需要审查,能否登记。文章结合案例分析,认为不动产登记是物权公示行为,没有确权功能;无权审查登记原因行为合法性和有效性,不应审查与物权效力无关的内容;不应将属于其他部门行政管理职责且登记人员无力和无权审查的内容列入审查内容;属于产权管理应由出让合同约定的事项不宜作为登记申请审查内容。将法律法规有明确规定且登记人员可以把握的事项作为审查内容,对闲置土地等需要审查但未列入法律法规的应尽量列入法律法规。对于已经被认定为违法建筑的不动产,登记人员应按照相关规定不予办理登记,但不宜主动认定为违法建筑并因此不予办理转移登记。     

Opposing interests in the legalization of non-procedural forest conversion to oil palm in Central Kalimantan,Indonesia

Demand for forestland for non-forest uses, mostly oil palm, has increased dramatically in the past few years and has become a chief driver of deforestation in Central Kalimantan. In this paper, we aim to shed light on how multiple levels of government create a facilitating environment for oil palm expansion. In our research, we employed three different methods: content analysis of key policy documents, participant observations, and expert interviews. We found that the technical complexities of formal procedures for the conversion of forest to oil palm are relatively easy to bypass. Contradicting laws and regulations have created a situation where the Ministry of Environment and Forestry (MoEF) and local governments have relatively equal legal mandates and authority over land-use and allocation. This is further complicated by the ambiguity of the decentralization policy. Enabled by the spatial planning law and the decentralization laws, local governments have aggressively issued plantation licenses for forest areas without the formal release of the forest from the Ministry of Forestry. The issuance of plantation permits has also been legitimized by other policies within central government, which have made oil palm a national priority.     

林地使用权流转的调查与分析——对广东省惠州、清远、从化林地使用权流转的调查

提高林业投入要素的生产率，完善林地使用权流转机制，是促进商品林发展的必然选择。在对广东省惠州、清远、从化三市林地使用权流转调查的基础上，阐述了目前林地流转的基本情况和特点，分析了林地使用权流转中所存在的问题，提出了完善林地使用权流转的建议和对策。     

完善我国林地保护的法律思考

介绍了我国林地保护的立法状况,阐述非法占用林地的法律责任,分析了我国《森林法》及其配套法律法规在执法实践中存在的不足,从立法、执法及其管理的角度上对我国林地保护提出对策措施,为《森林法》及其配套法律法规的修订提供理论依据,为林业司法、执法及其规范管理提供参考。     

The contested environmental governance of Maori-owned native forests in South Island,Aotearoa/New Zealand

In this study we set out to critically examine the environmental governance of native forests owned and managed by the Maori in New Zealand, with a specific focus on ‘SILNA’ lands given to the South island Maori as compensation lands for lost ancestral tribal lands. We will interrogate reasons for different forestry pathways in terms of how the process of European colonisation unfolded politically and spatially, the response of the Maori SILNA forest owners to pressures linked to land allocation and land rights issues over time, and the repercussions of these responses for biodiversity preservation in indigenous forest management systems. In order to unravel the complex environmental governance processes at play in the New Zealand context, we will pay particular attention to ‘exogenous’ (i.e. propelling forces outside Maori communities) and ‘endogenous’ regulation mechanisms (i.e. regulation of native forest management within SILNA forest blocks). New Zealand is a particularly appropriate setting as Maori governance, forest management and land rights issues have come to the fore over the past decades. Our findings suggest that Maori SILNA forest owners have used the full spectrum of forest management pathways, ranging from outright clearfelling and associated biodiversity depletion to forest preservation. The study highlights the complex interplay between endogenous environmental governance processes (actor embeddedness with their land and the role played by trusts and committees in particular) and exogenous drivers, in particular through the influence of international logging companies, and the policy environment which has sent mixed, and at times confusing, messages to Maori SILNA native forest owners.     

解决失地农民问题的关键：完善土地征用制度

城镇化进程的加快,使大量的农用土地被征用,因而产生了失地农民问题。文章从失地农民问题的现状入手,指出失地农民问题的根源在于土地征用制度存在着严重的缺陷,主要表现为:土地征用权的滥用、征地补偿标准偏低、失地农民安置方式不科学、司法救助体系缺乏,并针对缺陷提出了完善土地征用制度以解决失地农民问题的具体方案。     

水资源管理立法现状与供给侧改革的新要求

从国家、流域和地方3个层面分析水资源管理立法现状,指出水资源管理立法中存在的问题,即国家层面部分法律法规有待完善、流域层面水资源管理立法有待推进、地方与国家层面法律法规有待进一步衔接,并对存在问题的原因进行分析。最后从保障国家水安全、加快实施最严格水资源管理、深入推进依法治水3个方面提出推进供给侧改革对完善水资源管理法规体系的新要求。     

全球林产品贸易格局变化及相关问题讨论

近年来世界林产品贸易格局发生了明显变化。俄罗斯和中国等新的贸易大国的出现,木材制成品贸易量的增加,以及越来越多的与贸易相关的环境问题的争论使得当前林产品国际贸易呈现新的特征。同时,诸多贸易争端和问题,如非法木材贸易,森林认证,区内加工增值,以及外来物种入侵和林产品检疫等等,也引起了各国的关注和国际社会的讨论。回顾近几年来世界林产品贸易格局的变化,并结合中国的实际情况,讨论由此引发的一些贸易问题。     

Market-based grazing land transfers and customary institutions in the management of rangelands: Two case studies on the Qinghai-Tibetan Plateau

Beginning in the early 1990’s, grazing lands once held in common were contracted to individual households in the rangeland regions of China. The resulting fragmentation of rangelands has led to ecological and social problems. As China seeks to address intractable poverty and rangeland degradation, attention has turned to rental, or transfer, of contracted grazing land as a market-based approach to re-aggregating grazing land into larger units that support economies of scale. However, given that many pastoral regions still maintain community customary institutions, what the relationship between market mechanisms and local customary institutions should be in rangeland management needs further analysis. This paper applies comparative case studies of two types of relationships between market mechanisms and customary institutions: (1) market mechanisms that replace customary institutions in the case of Axi village, and (2) market mechanisms that are embedded within customary institutions in Xiareer village. This allows contrast of the impacts of differing approaches on livelihoods, livestock production, and wealth differentiation among pastoral households. We found that there is a higher level of livestock mortality, lower livestock productivity, and higher livestock production cost in Axi Village compared to Xiareer Village. In addition, household asset levels are higher and there is less income differentiation in Xiareer Village. It is concluded that embedding market mechanisms within customary institutions has had notable benefits for the herders of Xiareer Village, because it is a better fit to the coupled pastoral social-ecological system. Based on these findings, we argue that in pastoral communities where the rangeland transfer system for contracted grazing land has not yet been implemented, it is critical to reconsider China’s current policy approach to pay greater attention to the innovative management systems being developed in local regions. Instead of considering market-based approaches as oppositional to traditional institutions, options that derive from the interaction of market-based and customary institutions should be considered.     

Drug trafficking,cattle ranching and Land use and Land cover change in Guatemala’s Maya Biosphere Reserve

Drug trafficking organizations are driving deforestation in Guatemala’s Maya Biosphere Reserve. Drug traffickers deforest the protected area in order to illegally ranch cattle, which serves as a mechanism of money laundering, drug smuggling, and territory control. Journalists and ethnographers have analyzed “narco-cattle ranching” activities in the reserve and resulting “narco-deforestation,” yet land use change scientists have yet to quantify the contribution of illegal cattle ranching to forest loss. This article uses remote sensing and GIS analysis to distinguish the relative contribution of cattle ranching, farming, and land speculation to reserve deforestation and other forms of land use and land cover change. We also use ethnographic methods to provide evidentiary links between illegal cattle ranching and drug trafficking activities that suggest a large part, but not all, of illegal cattle ranching is narco-capitalized. Our research finds that illegal cattle ranching is responsible for the majority of reserve deforestation, ranging from 59 to 87% of photographs on deforested lands in three sampled areas. We also found illegal cattle ranching activities are the highest in the reserve’s western national parks, which should be strictly protected from land use change. Contrary to popular debate, these findings suggest drug traffickers in the context of the US-led War on Drugs are to blame for forest loss, not subsistence farmers illegally living in the reserve.     

生态产业化与退耕还林还草

退耕还林还草是我国生态屏障建设的重要内容之一,但面临诸多问题,其中最关键的就是未能处理好林草植被建设中生态与经济的关系。退耕还林还草中,政府与农民之间不是监管的关系,而是服务与被服务的关系,通过生态产业化,将林草生态链转化为产业链和就业链,则退耕还林还草所遇到的一系列问题就能迎刃而解。     

Simulating land use changes under alternative policy scenarios for conservation of native forests in south-central Chile

In this study, we combined policy analysis with landscape change modeling to simulate outcomes of alternative forest conservation instruments proposed by opposing policy coalitions. In 1992, concern over rapid land conversion to timber plantations (Pinus radiata and Eucalyptus spp.) in Chile gave rise to a protracted policy process resulting in the 2008 Native Forest Law (NFL), which subsidizes reforestation and management with native forest. To date, however, NFL has had little impact on native forest conservation. To understand how the policy process that created the NFL shaped its outcomes, we employed the Dyna-CLUE modeling approach to simulate land use changes in south-central Chile from 1993 to 2007, based on 3 scenarios: (1) enactment of NFL in 1993 when the law was originally debated, and the different configurations of subsidies and regulations proposed in the NFL policy debate by (2) the industrial forestry coalition and (3) the forest conservation coalition. We observed no major difference in native forest loss between simulated outcomes of the industry-advocated policy and the actual NFL legislation. The conservation coalition’s policy scenario increased native forest area, primarily in shrub steppe areas, but also via conversion of pine plantations if incentive payments were large enough. However, NFL payments are inadequate to make native forest management a viable economic land use alternative to industrial pine plantations, which are also subsidized in Chile. Gains in native forest cover occurred mostly on lands under ancestral indigenous claims (unrelated to the discussion of the NFL). We conclude that the NFL, even if enacted in 1993, would have been ineffective in preventing native forest loss, because tree plantations are more profitable and NFL regulations were weakened by the industrial coalition that opposed—and strongly shaped—the final legislation. Effective incentives for protecting early-successional forests and shrublands are needed to mitigate further losses and foster recovery of Chile’s native forests.     

Towards zero deforestation and forest restoration in the Amazon region of Maranhão state,Brazil

The Amazon forest in the state of Maranhão ensures ecosystem services that directly and indirectly affect the life quality of its population and economy, via hydrologic and climatic regulation, among other benefits. Currently, only 25% of the original forest cover (24.7 thousand km²) remains while illegal deforestation persists in a violent process that provokes visible social, economic and environmental harm. Simultaneously, Maranhão has seen record levels of burning, faces a water shortage and fights against the worst social and economic indicators in the country. Conversely, secondary vegetation covers 19.9 thousand km² (27% of deforested area) and is completely unprotected. Contrary to the international commitments assumed by Brazil to combat deforestation and restore forests, some of the political representatives of Maranhão have sought legal mechanisms to further diminish forest cover in public and private areas. To promote the conservation and restoration of Maranhão Amazon Forest, a multi-institutional network of researchers was established in 2015. This viewpoint paper aims to draw attention to this endangered region of the Brazilian Amazon and give science-oriented recommendations to policy makers in order to avoid more setbacks. We argue that Maranhão state must urgently establish a policy of Zero Deforestation, protect secondary forests and comply with the national forest restoration policy, thus ensuring long-term economic sustainability.