论文部分内容阅读
《森林法》领域存在着林地、林木、森林、森林资源等基本概念,这些概念之间的混乱关系已成为理论和实践工作者的一大诟病,不仅严重干扰了《森林法》的正确运行,而且造成与上位法的冲突。基于对这些概念文义上和法律上的解析,探寻出概念间关系混乱的根本原因,包括《森林法》名称本身与其调整范围的冲突,过于强调概念的技术界定,缺少与法律体系中相关概念的互动等等,进而提出重构这些概念的基本思路。
The basic concepts of forest land, forest trees, forests and forest resources exist in the field of “Forest Law”. The chaotic relations among these concepts have become a major criticism of both theoretical and practical workers. They not only seriously interfere with the correct operation of the Forest Law, But also caused the conflict with the upper law. Based on the legal and legal analysis of these concepts, the root causes of the confusion among concepts are explored, including the conflict between the name of the Forest Law itself and its scope of adjustment, the overemphasis on the technical definition of the concept, the lack of correlation with the concepts in the legal system And so on, and then put forward the basic idea of reconstructing these concepts.