法律语境下的林业外部性研究

,将林业外部性分为营林生产的正外部性和采伐、加工生产的负外部性,并从法律经济学视角进行了解释和论述。认为营林生产的正外部性具有不得不“赠予”的性质,一般情况下无需内在化;采伐、加工生产的负外部性是采伐、加工生产过程对相邻方权利的一种侵害,是一种客观故意,政府应重视侵害程度并采取容忍、赔偿、禁止等不同措施。

The Forestry Exteriority Study in the Legal Perspective

Forestry production are divided into three production stages as camp wood,timbering and,processing,combined with the exterior theories,the forestry exteriority is divided into the positive exteriority of camp wood production and negative exterior of timbering and processing;From the legal economics perspective,positive exteriority of camp wood production is by-product of it,having the characteristic of "(bestow)giving as a present ",generally,it does not need being internalized;With negative exteriority,timbering and working is a right violation of the closed during timbering and working;it is with an objective intention.The government should pay attention to the violation degree and adopt different measures as being tolerance and compensation,forbiddance etc.,based on the above,the conclusion is made as:forestry exteriority has characteristics of relativity,time and space etc.It is practical that knowing,studying the characteristics of forestry exteriority and furtherly drawing up relevant forestry policies.