The "Forest Law of the People's Republic of China" was revised and adopted by the 15th Session of the Standing Committee of the 13th National People's Congress on December 28, 2019, and will come into effect on July 1, 2020.

Forest management is a main thread running through the revision of the Forest Law and has been strengthened as a key content. This plays a decisive role in further strengthening forest management, improving forest quality, and promoting high-quality development of forestry.

Photo by Zhang Huiru of the broad-leaved Korean pine forest restored after protective management by Baihe Forestry Bureau of Jilin Province

1. Forest management practices require legal responses

As a proprietary concept in forestry, forest management is aimed at improving forest quality and establishing a stable, healthy, high-quality, and efficient forest ecosystem, and is carried out to repair and enhance the supply, regulation, service, support and other functions of the forest. A series of activities that protect and nurture forests throughout their growth cycle.

There are four key points in modern forest management principles:

First, the purpose of forest management is to cultivate a stable, healthy, high-quality, and efficient forest ecosystem. A stable and healthy forest ecosystem has a reasonable structure. If the actual forest stand has not reached it, human measures need to be supplemented to promote the forest to reach the ideal state as soon as possible. This is forest management activity.

Second, the principle of forest management is to simulate the natural processes of forest stands. The basic laws of forest growth and development are continuous coverage (maintaining the forest environment forever), survival of the fittest, and natural renewal. Forest management should simulate this process. Simulation is not copying. According to the actual forest situation, taking the development process of the zonal top community as a reference, with relatively small interference, either supplement the target trees or remove the interference trees, use more resources on the cultivation of the target trees, and accelerate the growth of the group. development process and promote forest health, shortening the tree cultivation cycle.

Third, forest management runs through the entire forest life cycle. The full life cycle of a forest of the same age includes seedlings, saplings, young forest, middle-aged forest, near-mature forest, mature forest and over-mature forest. The full life cycle of a forest of different ages includes the establishment stage, competitive growth stage, Quality selection stage, near-natural forest stage, natural continuous forest stage and other stages. Taking different management measures for each stage constitutes the forest management cycle.

Fourth, forest management must be implemented in accordance with the forest management plan (plan, plan). The long-term nature of the forest life cycle and the diversity of forest types determine the long-term, systematic and complex nature of forest management activities. There are characteristics that cannot afford mistakes and regrets. Forest management plans (programs) must be prepared and coordinated Planning and pre-deployment.

However, for quite some time, due to limitations of the level of understanding and development stage, the focus of my country's forest management work has deviated. This is mainly reflected in the following: First, the pursuit of short-term and fast results, serious short-term behavior in forest management, and difficulty in continuously improving the quality of forest resources. The second is to equate forest management with general business management, with the goal mainly focusing on the harvesting and utilization of forest resources, while neglecting the cultivation of forest ecosystems. Third, artificial afforestation has a single tree species and structure, neglecting the use of native tree species and the creation of mixed forests. Fourth, the imperfect forest classification management system is difficult to meet society’s needs for the multiple functions of forests. Fifth, there is a lack of systematic forest management planning, and the forest management plan system is incomplete. Sixth, there is a lack of the concept of full-cycle management, and forest management is one-sidedly understood as logging. Seventh, the relationship between protection, management and utilization is too simplistic. When it comes to protection, all management and utilization activities are prohibited; when it comes to management and utilization, it will lead to excessive exploitation of resources.

Since 2008, forest management has become a major theme of forestry work. The country has adopted a series of policies and measures to solve forest management problems. Forest management has begun to get on the right track, but there is still a lack of overall understanding and conceptual change at the social level. Important reasons It just hasn’t been solidified at the legal level. Now, the forestry industry has entered the stage of high-quality green development. Improving forest quality and enhancing forest ecological functions are important goals at this stage. Forest management is an important starting point to achieve the goals at this stage.

Therefore, there is an urgent need to provide legal answers to some key issues that restrict forest management. This revision of the Forest Law is based on a scientific and realistic spirit, is based on the development stage of my country's forestry, follows the principles of modern forest management, fully absorbs the opinions and suggestions from all walks of life on forest management, and makes legal provisions for forest management. It has played a leading role in clarifying understandings, changing concepts, straightening out ideas, improving systems, and standardizing practices.

2. The content of forest management is reflected in seven aspects of the revised law

The newly revised Forest Law has made major structural adjustments. Chapter 7 of the 1998 Forest Law has been expanded to Chapter 9, and the articles have been increased from 49 to 84. The content of forest management is mainly reflected in 7 aspects, involving 6 chapters and 16 articles.

1. General principles of forest management

Regarding the principles of forest management, Article 3 of the General Provisions stipulates that “the protection, cultivation, and utilization of forest resources must respect nature and comply with nature, and adhere to the principles of ecological priority, protection priority, conservation integration, and sustainable development.” This is the principle of forestry management activities, and it is also the principle of forest management.

Respecting nature, complying with nature and protecting nature are important contents of Xi Jinping's ecological civilization thought and one of the principles of modern forest management principles. This principle is that forest management must respect and simulate the natural development laws of the forest. These laws are divided into individual and group (forest) development laws according to objects, development laws among forests of the same age and forests of different ages according to age structure, and development laws according to development stages. There are development rules for seedlings, saplings, young forests, middle-aged forests, near-mature mature forests and over-mature forests. There are rules for tree adaptation to the right site, rules for energy and material exchange and accumulation, rules for inter-specific interactions, rules for morphological growth, and rules for structure. Laws of composition, competition (natural sparseness), yield formation, natural renewal and community succession, etc. These laws are the basic rules for forest management.

Combining conservation means using scientific means to restore degraded forest ecosystems while strictly protecting them. Forest ecosystem protection includes two aspects: forestland protection and above-ground forest resource protection. The protection strategies for these two aspects of resources are different. Forest land protection is mainly about protecting forest resources from destruction and degradation. In addition to protecting above-ground forest resources from destruction and degradation, what is more important is management and cultivation, that is, through scientific cultivation measures, promoting the growth of forest resources and shortening the time of forest resources. The nurturing cycle, this is conservation. Therefore, conservation is active protection. Only by changing passive protection to active management and conservation and improving forest quality can we protect forests at a higher level.

Sustainable development is development that not only meets the development needs of the present generation, but also retains the potential for continued development for future generations. In other words, it is the coordinated development of economy, society, resources and environmental protection. It is an important content of the new development concept. Forestry plays an important role in implementing sustainable development strategies, and sustainable forest management is a practical path to achieve sustainable forestry development.

2. The overall goal of forest management

Regarding the overall goal of forest management, Article 6 of the General Provisions stipulates: The state aims to cultivate a stable, healthy, high-quality, and efficient forest ecosystem. This goal is the overall goal of forestry management activities, and it is also the overall goal of forest management. It is also one of the key points of modern forest management principles. Forest is an ecosystem, and only a good ecosystem can perform complete ecological, economic and social functions. A stable and healthy forest ecosystem that can be naturally regenerated must have a reasonable structure, which includes tree species composition, stand density, diameter and tree height structure, underwood and herb layer structure, soil structure, etc. In reality, forest stands have not reached such a structure, and some artificial measures need to be assisted to promote the forest to reach the ideal state as soon as possible. These are forest management measures. Different forest conditions require different management measures. This regulation reflects the change in forest management thinking, completely transforming forest management from simply obtaining wood to cultivating a stable, healthy, high-quality, and efficient forest ecosystem.

3.Afforestation

Afforestation is an important part of forest management and has been included in separate chapters in previous Forest Laws. This time is no exception, but the name has been changed from "afforestation" to "afforestation". The revision of this part highlights the ideas of changing afforestation ideas and strengthening forest ecosystem restoration.

Article 45 stipulates, “People’s governments at all levels organizing afforestation and greening shall scientifically plan and adapt to local conditions, optimize forest species and tree species structure, encourage the use of native tree species and improved forest species, create mixed forests, and improve the quality of afforestation and greening.” The core themes here are to clarify new tasks, protect the original ecology, and pay attention to the quality of afforestation. The key words are optimizing forest species and tree species structure, using native tree species and improved forest species, and creating mixed forests.

Optimizing forest species and tree species structure is determined based on the development stage of afforestation and greening in my country. In the more than 20 years since the last forest law was promulgated, our country has made great achievements in afforestation and greening. Forest vegetation has been restored on a large scale. The goals of building and greening have been gradually realized. The main task of afforestation has changed from quantitative expansion to Quality improvement means optimizing forest species and tree species structure, accelerating forest growth, improving forest productivity, and enhancing forest ecological functions. The National Forestry and Grassland Administration has launched a project plan to accurately improve forest quality. The main goal is to accurately improve forest quality, enhance ecological functions and supply high-quality ecological products.

The use of native tree species and improved forest species is the basis for building a high-quality forest ecosystem. Native tree species refer to tree species that are native to the local area and have undergone long-term natural selection. They can still grow robustly despite a series of natural disasters such as extreme local climate conditions, attacks by diseases and insect pests, etc. For some time, due to my country's pursuit of short-term and fast development of forestry and eagerness for ecological restoration, a large number of exotic fast-growing tree species have been used, focusing on "foreign" rather than "earth", and neglecting the cultivation and application of native tree species. As the biological hazards caused by exotic tree species increase and problems such as later shortages intensify, people gradually realize the importance of native tree species. At present, native tree species have become the first choice for afforestation in my country. On the other hand, paying attention to the use of native tree species is also a reflection of the idea of ​​protecting the original ecology.

The establishment of mixed forests is determined based on my country's experience and lessons from afforestation over the years and the results of scientific research. The so-called mixed forest is a forest composed of two or more tree species. Scientific research shows that mixed forests have the advantages of high biodiversity, full utilization of space and nutrient area, better protection benefits, enhanced ability to resist natural disasters, improved site conditions, and increased quantity and quality of forest products. However, for a long time, my country's artificial afforestation has been dominated by pure forests. There are sayings of "Larch in the Northeast, Yangjiabang in the North, and Shajiabang in the South", which highlights the problem of "unity leading to vulnerability", which is manifested in the decline of biodiversity. , low forest productivity, declining soil fertility, reduced soil and water conservation capabilities, and vulnerability to disease and insect pest outbreaks. In recent years, people have gradually realized this problem. In afforestation and tending management, they have attached great importance to the construction of mixed forests of different ages and carried out near-natural mixed transformation of artificial pure forests, which has achieved positive results.

Regarding strengthening the restoration of forest ecosystems, Article 46 stipulates the overall requirements for restoration, that is, "People's governments at all levels should take measures to scientifically protect and restore forest ecosystems by focusing on natural restoration and combining natural restoration with artificial restoration." . There are two important ideas here. First, it clarifies the relationship between natural restoration and artificial restoration. Forest ecosystem restoration must adhere to both natural restoration and artificial restoration. Priority must be given to the use of natural forces for restoration. Under conditions lacking natural recovery capabilities, such as desertification areas, arid areas, stony mountainous areas and other difficult site conditions, in order to restore forest vegetation, artificial afforestation must be adopted, and some even require Only engineering afforestation can be successful, which is in line with the scientific concept of natural ecological restoration based on local conditions and seeking truth from facts. Second, it is clear that the object of restoration is the forest ecosystem, not individual trees and single functions. Through restoration, the overall function of the forest ecosystem should be improved and optimized. This is exactly the shortcoming of past understanding.

After clarifying the overall requirements for forest ecosystem restoration, the following two paragraphs further clarified the objects and tasks of restoration, including cultivated land that needs ecological restoration such as sloping farmland, severely desertified farmland, severely rocky desertified farmland, and severely polluted farmland. Implement planned conversion of farmland to forest and grassland, and implement forest ecological restoration projects according to local conditions to restore vegetation on abandoned and damaged mountains, degraded woodlands, and barren mountains and wastelands suitable for forestation caused by natural factors. These will be the main battlefields for forest ecosystem restoration in my country in the future.

4. Forest classified management

Regarding classified management, the new "Forest Law" has made a series of provisions, including basic systems, principles, delineated objects, management strategies, etc., which are reflected in six articles.

First of all, Article 6 of the General Provisions clarifies that “the state aims to cultivate a stable, healthy, high-quality, and efficient forest ecosystem, implement classified management of public welfare forests and commercial forests, highlight the leading functions, and perform multiple functions.” System, this is the first time that classified management as a basic legal system has been written into the Forest Law.

Secondly, the classification principles are clarified. Article 47 stipulates, “Based on the needs of ecological protection, the state shall delineate forest lands and forests on forest lands with important ecological locations or fragile ecological conditions and with the main purpose of exerting ecological benefits as public welfare forests. Those that are not designated as public welfare forests shall The forest land and the forest on the forest land belong to commercial forest."

Thirdly, Article 48 clarifies the delineation objects of public welfare forests, and Article 50 stipulates the types of commercial forests that are encouraged to be developed.

Finally, the business strategy was clarified. Article 49 stipulates that “the state implements strict protection for public welfare forests” and “for low-quality and low-efficiency forests such as sparse forests and residual forests with low ecological functions in public welfare forests, measures such as stand transformation and forest tending shall be adopted to improve public welfare forests.” Forest quality and ecological protection function." Article 51 stipulates, "Commercial forests are managed independently by forestry operators in accordance with the law. On the premise of not destroying the ecology, intensive management measures can be adopted to rationally utilize forests, trees, and woodlands to improve the economic benefits of commercial forests."

Forest classification management comes from the idea of ​​division of labor in forestry, which was formed in the United States in the late 1970s. Its core idea is to allocate a small amount of land in the country to develop industrial plantations, which are responsible for most of the production of commercial timber, called "commercial forests"; secondly, allocate a "public welfare forest", including urban forests, landscape forests, and natural protection forests. areas, soil and water conservation forests, etc. to improve the ecological environment; and then set aside a "multi-functional forest". Based on the forestry division of labor theory, two forestry development models have been derived, namely the French model and the Australian and New Zealand model. France divides state-owned forests into three major modules, namely timber cultivation, public welfare forests and multi-functional forests; the Australian and New Zealand models implement classified management of natural forests and artificial forests, that is, natural forests mainly play an ecological and environmental role, while artificial forests Mainly to exert economic benefits. In North America, a three-category forest model is adopted, which divides forest areas into three areas, namely protected areas, ecosystem management areas and timber production areas. Each area is given special management and management purposes. Based on this idea, my country has implemented a new classification management system based on the original five major forest species since 1999, which divides forests into public welfare forests and commercial forests. Public welfare forests refer to forests whose main purpose is to exert ecological functions such as forest ecological benefits, including protective forests and special-purpose forests. Commercial forests refer to forests whose main purpose is to produce timber and other forest products, including timber forests, economic forests and energy forests.

The series of provisions on classified management in the new "Forest Law" absorb the world's advanced forestry management ideas and my country's practical application results, legally clarify the forest classified management system, convey the strict protection and conservation of public welfare forests, and commercialize The concept of independent forest management, intensive management and modern forest classification management taking into account ecology.

5. Forest management planning and programs

Paying attention to the role of forest management plans (plans, programs) is one of the key points of modern forest management principles. In this revision, strengthening the role of forest management planning and forest management plans has become a highlight.

First of all, it emphasizes planning and leadership, further specifying the relevant content of the original "Forest Law" on long-term forestry planning, and integrating development planning with special planning. It is clarified that people's governments at or above the county level should incorporate forest resource protection and forestry development into national economic and social development plans. Article 26 clearly requires that “the forestry authorities of the people’s governments at or above the county level may prepare special plans related to forest land protection and utilization, afforestation and greening, forest management, and natural forest protection based on local realities.” In recent years, with the scientificization and standardization of forestry management, the preparation of these special plans has been promoted in practice, playing an important role in forestry development and management. For example, the National Forest Management Plan (2016-2050) has been issued, and the establishment of a three-level planning system at the national, provincial and county levels is being accelerated. This time, mature practical results have been absorbed and fixed in the form of legal provisions, which is of great significance for the comprehensive implementation of forest management according to law, forest management according to regulations, and the avoidance of short-term operating behaviors.

Secondly, it fundamentally strengthens the legal status of forest management plans. Article 53 of the new "Forest Law" stipulates that "state-owned forestry enterprises and institutions shall prepare forest management plans and clarify management measures for forest cultivation and management" and "the state supports and guides other forestry operators to prepare forest management plans." From a literal point of view, this provision has not changed much from the previous version of the Forest Law. The only difference is that the “nature reserve” has been removed from units that should prepare forest management plans. This does not mean that the nature reserve does not need to prepare a forest management plan, because the nature reserve is already under the management of the forestry department and can be understood as a type of forestry institution, and it should also prepare a forest management plan. However, since the nature reserve mainly implements strict protection and involves very few management activities such as afforestation, tending, main cutting, artificial regeneration, etc., it has compiled a forest management plan focusing on biodiversity and habitats of rare and endangered wild animals and plants. An important change regarding the content of the forest management plan is in Chapter 8 Legal Responsibilities. Article 72 stipulates, “If, in violation of the provisions of this Law, state-owned forestry enterprises and institutions fail to fulfill their obligations to protect and cultivate forest resources, fail to prepare a forest management plan, or fail to carry out forest management activities in accordance with the approved forest management plan, they shall be prosecuted by the people at or above the county level. The government forestry department ordered the company to make corrections within a time limit, and the directly responsible person in charge and other directly responsible personnel were punished in accordance with the law." This is a new addition. In the previous version of the Forest Law, the forest management plan system has been written in, which means that its legal status has been clarified. However, due to the lack of supporting supervision, inspection and punishment provisions, the forest management plan system has not been well received. For good implementation, it is very common that things should be prepared but not implemented, and that things are prepared but not implemented. The promulgation of this provision in the new law echoes Article 53, which puts forward higher requirements for the preparation and implementation of forest management plans, fundamentally strengthens the legal status of forest management plans, and is important for the establishment of forest management plans as the basis for forest management plans. The construction of the core forest management system and the implementation of sustainable forest management will play an important role.

6. Deforestation

Deforestation is a key activity in forest conservation and management. Therefore, in the previous Forest Law, it was a separate chapter, but this revision merges it with forest management, which is an important change in understanding. For a long time, there has been a certain deviation in the knowledge and understanding of forest logging. It is mainly regarded as a means of forest utilization and consumption of forest resources, and is strictly managed. What's more, logging is equated with destruction. In fact, as far as forest logging itself is concerned, it will not directly cause the destruction of forest resources. It is not only a means of forest utilization, but more importantly, it is an important management measure to regulate forest structure, promote forest growth and positive succession. The reason why forest resources are destroyed is due to our long-term over-exploitation for the purpose of timber production. This time it is incorporated into forest management as a forest management measure, which is an important change in understanding.

Regarding the requirements that should be followed when logging forests and trees, the new Forest Law further specifies regulations on the basis of classified management. Article 55 stipulates that public welfare forests can only be harvested for tending, regeneration and transformation of low-quality and low-efficiency forests. However, except for those that need to be felled for scientific research or experiments, prevention and control of forest pests, construction of forest protection and fire prevention facilities, creation of biological fire prevention isolation zones, natural disasters, etc.; commercial forests should adopt different harvesting methods according to different situations, and strictly control the clear-cut area. Synchronous planning and implementation of felling and cultivation; felling of trees in nature reserves is prohibited. However, bamboo forests that must be harvested due to special circumstances such as preventing and controlling forest pests, preventing forest fires, maintaining the living environment of the main protected objects, suffering from natural disasters, and in experimental areas are excluded. The highlights here are two "exceptions". The first "exception" is that those who need to cut down public welfare forests for scientific research or experiments, prevention and control of forest pests, construction of forest protection and fire prevention facilities, creation of biological fire prevention isolation zones, natural disasters, etc. are not exempted from the restriction and can only carry out tending, renewal and low-quality forest management. The restrictions on logging for low-efficiency forest transformation are that main logging can be carried out; the second "exception" is that trees in nature reserves must be logged due to special circumstances such as preventing and controlling forest pests, forest fire prevention, maintaining the living environment of main protected objects, and suffering natural disasters. And the bamboo forests in the experimental areas of the logging nature reserves are not subject to the ban on logging. These two "exclusions" were not included in the previous version of the Forest Law. Therefore, some necessary and scientific forest management activities and scientific research experiments cannot be carried out. There have been high calls for revision. This revision solves this problem. question.

7. Natural forest protection

Article 32 stipulates, "The state implements a comprehensive protection system for natural forests, strictly limits natural forest logging, strengthens the capacity building of natural forest management and protection, protects and restores natural forest resources, and gradually improves the ecological functions of natural forests. Specific measures shall be prescribed by the State Council." . This is a new provision.

In 1998, the Party Central Committee and the State Council decided to implement natural forest resource protection projects in the upper reaches of the Yangtze River, the upper and middle reaches of the Yellow River, and key state-owned forest areas in Northeast China and Inner Mongolia. Since the 18th National Congress of the Communist Party of China, efforts to protect natural forests have been further intensified and commercial logging of natural forests has been completely stopped. The 19th National Congress of the Communist Party of China clearly called for “improving the natural forest protection system.” In 2019, the "Natural Forest Protection and Restoration System Plan" issued by the General Office of the CPC Central Committee and the General Office of the State Council made a systematic and comprehensive deployment of natural forest protection.

The content of this article is the provisions made for the implementation of the decisions and arrangements of the Party Central Committee. There are two important changes here: First, after the comprehensive protection system for natural forests was introduced, it all mentioned "stopping commercial logging of natural forests." However, this formulation was not used here, but "strictly restricting natural forests." Harvesting”. In contrast, the new formulation is more rigorous and scientific. Because it is difficult to give a rigorous and accurate definition of what "commercial logging" is. In addition, we have already mentioned that there are two "except" situations. If the old formulation is used, there will be a contradiction. The second is the mention of "protecting and restoring natural forest resources." As mentioned above, artificial restoration is a forest management activity, so a concept is conveyed here that natural forests also need to be managed, which is in line with the principles of modern forest management. , is the embodiment of returning to science. Of course, the restoration or management of natural forests must not only follow the principles of modern forest management, but also adapt to the actual situation of my country’s forestry development stage, comply with the relevant regulations on natural forest protection at this stage, and make it a scientific method that is in line with my country’s national conditions and forest conditions. Lift.

3. Promote the construction of supporting systems to ensure implementation

The new "Forest Law" will come into effect on July 1, 2020. The State Forestry and Grassland Administration has issued a notice on the implementation of the newly revised "Forest Law", making comprehensive efforts to implement the new law in a solid and orderly manner. deploy. Forest management is a main line in the revision of the Forest Law. There are many new ideas and new requirements. More work needs to be done in terms of learning and understanding the spirit and the construction of supporting systems to ensure correct implementation.

In November 2019, the State Forestry and Grassland Administration issued the "Opinions on Comprehensively Strengthening Forest Management", which provides the guiding ideology, basic principles, overall goals, main tasks and safeguard measures for forest management in the future period (2020-2035). A comprehensive deployment has been made. Since the formulation of the "Opinions" and the revision of the "Forest Law" happened to be carried out at the same time, the guiding ideology, basic principles, and overall goals are completely consistent with the provisions of the "Forest Law". The main task proposed is to revise the forest provisions in the "Forest Law" Implementation of business content. The "Opinions" proposed a docking plan for forest classification management practices: forest management work should be carried out in accordance with the classification results of public welfare forests and commercial forests. In principle, no forest management activities are carried out in first-level national public welfare forests. General timber forests among second-level national public welfare forests, local public welfare forests and commercial forests are subject to multi-objective management in accordance with the principle of highlighting leading functions. For commercial forests such as fast-growing and high-yielding forests and short-rotation timber forests, we must adhere to market leadership while taking into account ecological and environmental constraints and carry out independent operations. This is a further refinement of the classification management system of the "Forest Law", realizing the connection with the classification system determined by the "National Forest Management Plan (2016-2050)", and providing an operable basis for forest management practice.

This revision of the "Forest Law" is an important measure for the construction of the forestry legal system in the era of ecological civilization in my country. It is important for the in-depth implementation of Xi Jinping's ecological civilization thought, the practice of the concept that clear waters and lush mountains are golden mountains and silver mountains, and the comprehensive promotion of the forestry governance system and It is of great significance to modernize governance capabilities and achieve high-quality development of forestry and grassland undertakings. Forest management is an important means to improve forest quality and establish a healthy, stable and efficient forest ecosystem. It is a fundamental measure to implement "strive to improve forest quality" and an inevitable requirement to promote sustainable development. This strengthening of forest management-related content is of epoch-making significance and will play an important role in promoting the high-quality development of forestry and grassland undertakings. (The author Zhang Huiru is deputy director and researcher of the Institute of Resource Information, Chinese Academy of Forestry)

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