The state's compensation for forestry ecological forests belongs to forest, tree and woodland operators, and the state protects the legitimate rights and interests of forest, tree and woodland operators according to law. No unit or individual may encroach on trees and woodlands owned by operators according to law. Operators of timber forests, economic forests and firewood forests shall enjoy the right of management, income and other legitimate rights and interests according to law, and operators of shelter forests and special-purpose forests shall have the right to obtain compensation for forest ecological benefits.

Legal analysis

The establishment of the compensation fund system for public welfare forests by the state is to provide guarantee for the protection and management of public welfare forests. If there is a contract, it shall be divided according to the contract; if there is no agreement, it shall be divided according to the proportion stipulated by the state. The Ministry of Finance and the State Forestry Administration issued the Measures for the Administration of Forestry Subsidies from the Central Government. Forestry and forest ecological benefit compensation fees are used for the protection and management of national public welfare forests. State-level public welfare forest refers to the public welfare forest land designated according to the zoning definition method jointly issued by the State Forestry Administration and the Ministry of Finance. According to the ownership of national public welfare forests, different compensation standards are implemented for forest ecological benefits, including management subsidy expenditure and public management expenditure. The average compensation standard for national public welfare forests is 5 yuan per mu per year, of which the management subsidy expenditure is 4.75 yuan and the public management expenditure is 0.25 yuan. The compensation standard for state-level public welfare forests owned by collectives and individuals is 15 yuan per mu per year, of which the management and protection subsidy is 14.75 yuan, and the public management and protection subsidy of state-level public welfare forests is 0.25 yuan, which is used for the labor subsidies and other expenses for the management and protection of state-owned forest farms, nurseries, nature reserves, forest industry enterprises and other state-owned units. Local financial departments at all levels shall, jointly with the competent forestry authorities, calculate the audit management cost, and reasonably determine the number of national public welfare forest managers and the subsidy standard for management and protection services. The grant funds for the management and protection of state-level public welfare forests owned by collectives and individuals are used for the collective and individual economic compensation and labor subsidies for the management and protection of state-level public welfare forests, and the public management and protection expenditure is mainly used for the supervision, inspection, evaluation and monitoring of state-level public welfare forests by local forestry authorities at all levels.

legal ground

Article 15 of the Forest Law of People's Republic of China (PRC) * * * The ownership and use right of forest land, trees and trees on the forest land shall be uniformly registered by the real estate registration agency, and certificates shall be issued. Forests, trees and woodlands in national key forest areas (hereinafter referred to as key forest areas) identified by the State Council shall be registered by the competent department of natural resources of the State Council. The legitimate rights and interests of owners and users of forests, trees and woodlands are protected by law, and no organization or individual may infringe upon them. Owners and users of forests, trees and woodlands shall protect and make rational use of forests, trees and woodlands according to law, and shall not illegally change the use of woodlands or destroy forests, trees and woodlands.