Guidelines for forest-related work in the Civil Code

1. Guidelines for forest-related work in the General Provisions of the Civil Code

(1) The green principles have been mandatory

The green principle is a basic principle of the Civil Code, which is mainly embodied in the conservation of resources and the protection of the ecological environment. This is stipulated in the Constitution, the Forest Law and other laws and regulations, and the Civil Code makes it mandatory.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 9: Civil entities engaging in civil activities shall be conducive to conserving resources and protecting the ecological environment.　

Article 509.2.In the course of performing a contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 1229:Where harm to others is caused by polluting the environment or destroying the ecology, the infringer shall bear tort liability.

Article 1234:Where violations of state provisions cause damage to the ecological environment, and the ecological environment can be restored, the organs provided for by the state or organizations provided for by law have the right to request that the infringer bear responsibility for restoration within a reasonable period of time. Where the infringer fails to make repairs within the time limit, the organs provided for by the state or organizations provided by law may carry out the repairs on their own or by entrusting others, and the necessary costs are to be borne by the infringer.

(2) Work guidelines: Civil entities shall perform their obligations to conserve forestry resources and protect the ecological environment when engaging in forest-related civil activities. Forestry administrative organs should perform their functions and exercise their powers in accordance with the law, not only to protect the civil rights of civil subjects from infringement, but also to deal with the destruction of forestry resources in accordance with the law.

(2) Provisions on the scope of adjustment of the Civil Law

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 2: The Civil Code regulates the personal and property relations between natural persons, legal persons, and unincorporated organizations that are equal subjects.

Article 4: The legal status of all civil subjects in civil activities is equal.

(2) Work Guidelines: The legal system of the mainland is composed of different legal departments such as the Constitution and constitution-related laws, civil law, administrative law, economic law, social law, criminal law, etc., and different legal departments regulate different social relations. The social relations between natural, legal and unincorporated organizations are diverse, and civil law regulates only the civil relations between them. As an administrative organ, the forestry department forms an administrative-legal relationship with a natural person or legal person when engaging in administrative management activities, which is different from civil law, and the status of both parties to this legal relationship is unequal and does not belong to the scope of adjustment of civil law. When the forestry department engages in civil activities, such as contracts for the sale of goods signed with other units, the forestry department conducts it in the capacity of an agency legal person, and the legal status between the forestry department and the civil subject with which the contract is signed is equal, and the corresponding sales relationship is adjusted by the civil law. In our work, we should pay full attention to distinguishing between administrative-legal relations and civil legal relations.

(3) The types of non-profit legal persons are stipulated

The legal person status of government organs, rural collective economic organizations, urban and rural cooperative economic organizations, and grassroots mass autonomous organizations has been clarified.

   (1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 87: Legal persons established for public interest purposes or other non-profit purposes that do not distribute profits obtained to investors, founders, or members are non-profit legal persons.

Article 96: The legal persons of government organs, rural collective economic organizations, urban and rural cooperative economic organizations, and basic-level mass autonomous organizations as provided for in this section are special legal persons.

　　Article 97: From the date of their establishment, organs with independent funds and statutory bodies undertaking administrative functions have the status of an organ legal person and may engage in civil activities necessary for the performance of their functions.

　　Article 98: Where an organ legal person is revoked, the legal person is terminated, and its civil rights and obligations are enjoyed and borne by the successor organ legal person;

　　Article 99: Rural collective economic organizations acquire legal person status in accordance with law.

　　Where laws and administrative regulations have provisions on rural collective economic organizations, follow those provisions.

　　Article 100 Urban and rural cooperative economic organizations shall acquire the status of legal persons in accordance with law.

　　Where laws and administrative regulations have provisions on urban and rural cooperative economic organizations, follow those provisions.

　　Article 101: Residents' committees and villagers' committees have the legal personality of basic-level mass autonomous organizations, and may engage in civil activities as needed to perform their functions.

　　Where a village collective economic organization has not been established, the villagers' committee may perform the functions of the village collective economic organization in accordance with law.

(2) Work guidelines: The competent authorities of forestry at all levels belong to the legal persons of the organs. Public institutions in the forestry sector, such as public welfare class I and public welfare class II institutions, are non-profit legal persons. Non-profit legal persons established for the purpose of public welfare or other non-profit organizations may obtain profits, but they may not distribute profits. Rural collective economic organizations, urban and rural cooperative economic organizations, and grassroots mass autonomous organizations are special legal persons. In their specific work, the competent authorities of forestry should pay attention to the different legal status and corresponding rights and responsibilities given to different legal persons by the Civil Code.

2. Guidelines for forest-related work in the compilation of property rights

(1) Guidelines for forest-related work in civil rights

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 114:Civil entities enjoy property rights in accordance with law.

Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights.

Article 115: Objects include immovable and movable property. Where laws and regulations treat rights as the object of property rights, follow those provisions.

(2) Work Guidelines: The legal status of civil subjects in civil activities is equal, and their specific rights are protected by law. The real right is a specific right, which is the right holder to enjoy direct control and exclusive rights over a specific thing in accordance with the law, and the real right includes ownership, usufruct right and security interest. Ownership is the right holder to dispose of his own immovable and movable property in accordance with the law; usufruct is the right holder to use and benefit from the immovable or movable property enjoyed by others in accordance with the law; the security right is a real right established to ensure the performance of debts, and when the debtor is unable to perform the debt, the creditor has the right to priority compensation for the secured property according to law, including mortgage rights, pledge rights, and lien rights.

Property rights are determined by law, for example, the contract management right of forest land is a property right set by law, in the development of forestry industry, often involving the relevant provisions of property rights, forestry department staff should carefully study and comprehend, can not be confused.

(2) The provision that interested parties shall not disclose or illegally use the real estate registration information of the right holder has been added.

The title of property rights clarifies that interested parties shall not disclose or illegally use the real estate registration data of the right holder, and the real estate registration data of the right holder shall be clearly protected.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 219:Interested parties shall not disclose or illegally use the real estate registration data of the right holder.

(2) Work guidelines: The managers of real estate registration materials such as forests and forest lands shall fulfill their responsibilities of prompting while providing relevant information in accordance with the law, and transfer the unauthorized disclosure and illegal use of the rights holder's forest-related real estate registration data to the real estate registration management department for disposal in accordance with the law, so as to protect the legitimate rights and interests of the right holder.

(3) A new requirement for timely payment of compensation fees for the expropriation of collectively-owned land

A new provision has been added for the timely payment of compensation fees for the expropriation of collectively-owned land.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 117:Where immovable or movable property is expropriated or requisitioned in accordance with the scope of authority and procedures prescribed by law for the public interest, fair and reasonable compensation shall be given.

Paragraph 2 of Article 243: In the case of expropriation of collectively owned land, land compensation, resettlement subsidies, and compensation for rural villagers' houses, other above-ground attachments and seedlings shall be paid in full and in a timely manner in accordance with the law, and social security expenses shall be arranged for the land-expropriated farmers, so as to ensure the livelihood of the land-expropriated farmers and safeguard the legitimate rights and interests of the land-expropriated farmers.

(2) Work guidelines: Expropriation is the act of the state to obtain the ownership of collective, unit and individual property by administrative power, and the government to obtain land, houses and other property from collectives, units and individuals by way of administrative acts. The competent authorities of forestry shall pay attention to protecting the legitimate rights and interests of the right holders of the expropriated and occupied forest land in the examination and approval of forest land acquisition and occupation.

(4) Include epidemic prevention and control in emergency situations where administrative requisition can be carried out in accordance with law.

It is clarified that due to emergency needs such as emergency rescue and disaster relief, epidemic prevention and control, etc., the real estate or movable property of organizations and individuals may be requisitioned in accordance with the authority and procedures prescribed by law.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 245:For emergency rescue and disaster relief, epidemic prevention and control, and other urgent needs, the immovable or movable property of organizations or individuals may be requisitioned in accordance with the authority and procedures prescribed by law. After the expropriated immovable or movable property is used, it shall be returned to the expropriated person. Where the immovable or movable property of an organization or individual is requisitioned or damaged or lost after requisition, compensation shall be given.

(2) Work guidelines: expropriation is the compulsory use of collective and individual property by the state, which can be used directly when it is urgently needed without the consent of the owner. The provisions shall be implemented when the competent forestry authorities need to implement requisition when performing emergency situations such as emergency rescue and disaster relief, prevention and control of forestry pest epidemics, etc.

(5) Soil pollutants have been added to the types of hazardous substances that are prohibited from being discharged.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 294:Holders of immovable property rights shall not dispose of solid wastes or discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, optical radiation, and electromagnetic radiation in violation of state regulations.

(2) Work guidelines: The competent forestry department shall further strengthen the supervision of the pollution of forests and forest lands caused by illegal acts in the daily supervision, and report to the competent department to deal with it in accordance with the law.

(6) The circulation of forest land management rights, production and operation shall be independently decided by the right holder.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

　Article 331:Holders of land contract management rights enjoy the right to occupy, use, and benefit from the cultivated land, forest land, grassland, and so forth they have contracted to operate in accordance with law, and have the right to engage in agricultural production such as planting, forestry, and animal husbandry.

Article 334:The holder of the right to contract and operate land shall have the right to exchange or transfer the right to contract and operate land in accordance with the provisions of law. Without approval in accordance with law, the contracted land shall not be used for non-agricultural construction. 

Article 339:The holder of the right to contract and operate land may decide on its own to transfer the right to operate land to others by leasing, buying shares, or otherwise in accordance with law.

Article 340: The holder of the right to operate land shall have the right to occupy rural land within the time limit agreed in the contract, independently carry out agricultural production and operation, and obtain profits.

(2) Work Guidelines: The right to contract and manage rural land includes the right to contract and manage forest land, which is a usufructuary right and is the basic rural management system established by the Constitution. The competent authorities of forestry shall guarantee the right holders of forest land contract management rights to independently choose the mode of transfer of forest land management rights in accordance with the law, independently carry out forestry production and operation and obtain income, etc., especially in the implementation of the "separation of three rights" of rural contracted land in the state, and pay attention to distinguishing between the different legal provisions of forest land contract management rights, forest land management rights and forest land contractors' own management in their work.

(7) The expiration period of advance notice registration is changed from three months to 90 days.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 209:The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law;

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210: The registration of immovable property shall be handled by the registration authority where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 221:When a party signs an agreement on the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. After the advance notice is registered, if the immovable property is disposed of without the consent of the owner of the advance notice registration, the real right shall not take effect.

After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

(2) Work guidelines: The establishment, alteration, transfer and termination of real estate rights, including the ownership of forest trees and forest land, shall be registered in accordance with the law, and unless otherwise provided by law, without registration, no real rights shall take effect. The registration of immovable property shall be carried out by the immovable property registration department, and the registration of immovable property of forest rights shall also be carried out by the immovable property registration department.

(8) In the relevant provisions on the contract period of cultivated land, grassland and forest land, the relevant provisions of the Property Law of the People's Republic of China are deleted from the relevant provisions of the "Property Law of the People's Republic of China" that "the contract period of forest land for special forests may be extended with the approval of the forestry administrative department of the State Council", and at the same time, the basis for continuing the contract after the expiration of the contract period is changed from "relevant provisions of the state" to "legal provisions on rural land contracting".

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 332: The contract period for cultivated land shall be 30 years. The contract period for the grassland is 30 to 50 years. The contract period for forest land is 30 to 70 years. At the completion of the contract period provided for in the preceding paragraph, the holder of the land contract management right shall continue to contract in accordance with the provisions of the law on rural land contracting.

(2) Work guidelines: In the work related to grassland and forest land contracting, the competent forestry department should no longer handle the relevant matters involving the continuation of the contract after the expiration of the contract period of the above-mentioned types of land, and should no longer handle it in accordance with the provisions of the law on rural land contracting.

(9) The registration authority for the exchange or transfer of land contracting and management rights is no longer limited to "people's governments at or above the county level".

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 335:Where the right to contract and operate land is exchanged or transferred, the parties concerned may apply to the registration authority for registration;

(2) Work guidelines: It is recommended to combine the relevant provisions of the Land Management Law of the People's Republic of China and its implementing regulations to be registered by the real estate registration department at the corresponding level.

(10) The registered mortgage rights shall be repaid in accordance with the chronological order of registration, and the provision in the Property Law of the People's Republic of China that "the same order shall be repaid in accordance with the proportion of creditor's rights" is deleted.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 414, Paragraph 1 (1): Where the same property is mortgaged to two or more creditors, the price obtained from the auction or sale of the mortgaged property shall be repaid in accordance with the following provisions: (1) If the mortgage has been registered, the order of repayment shall be determined in accordance with the time of registration.

(2) Work guidelines: The real estate registration department shall make the rules for the priority of the registration of forest right mortgage registration, such as the registration in the order of the registration application time or the acceptance time, etc., to avoid disputes caused by inaccurate and unfair registration time.

(11) The principle of determining the attribution of substances produced by processing, attachment and mixing is clarified.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 322: Where there is an agreement, the ownership of the goods produced by processing, attachment or mixing shall be in accordance with the agreement, if there is no agreement or the agreement is not clear, it shall be determined in accordance with the provisions of the law; if there is no provision in the law, it shall be determined in accordance with the principle of giving full play to the utility of the goods and protecting the parties who are not at fault. Where one party's fault or the ownership of the determined object causes harm to the other party, compensation or compensation shall be given.

(2) Work guidelines: In the forestry administrative law enforcement, when the forestry authorities involve the attribution of trees and other things in the determination of facts, they may consider making determinations in accordance with this principle.

(12) It is clarified that during the mortgage period, the mortgaged property may generally be transferred, unless there is a special agreement.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 399:The following property shall not be mortgaged:

(1) Land ownership;

(2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law may be mortgaged;

(3) Educational facilities, medical and health facilities, and other public interest facilities established by non-profit legal persons for public interest purposes, such as schools, kindergartens, and medical establishments;

(4) Property whose ownership or right to use is unclear or disputed;

(5) Assets that have been sealed, seized, or supervised in accordance with law;

(6) Other property that laws and administrative regulations provide must not be mortgaged.

Article 406 Paragraph 1: During the mortgage period, the mortgagor may transfer the mortgaged property. Where the parties agree otherwise, follow their agreement. If the mortgaged property is transferred, the mortgage right shall not be affected.

Article 418:Where the right to use collectively owned land is mortgaged in accordance with law, the nature of land ownership and the use of the land shall not be changed without legal procedures after the mortgage right is realized.

(2) Work guidelines: The ownership of forest land is divided into two forms: collective ownership and state ownership, and the ownership of forest land owned by the state cannot be mortgaged; for example, the ownership of forest land of state-owned forest farms cannot be mortgaged, the right to use the collectively owned self-retained mountains cannot be mortgaged, and the forest trees and forest land with disputed ownership cannot be mortgaged.

3. Guidelines for forest-related work in the contract series

(1) A new declarative clause has been added that the parties shall avoid wasting resources, polluting the environment and damaging the ecology in the course of performing the contract.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 509: The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

(2) Work guidelines: everyone is responsible for environmental protection, and the forestry administrative department should earnestly perform the duties of ecological environmental protection, and investigate and punish the illegal acts of wasting resources, polluting the environment or destroying the ecology in the process of performing the contract by civil subjects in accordance with the law.

4. Guidelines for forest-related work in the compilation of personality rights

(1) Where a name or title has been established, a decision or change shall be made to the relevant organs for registration formalities in accordance with law.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 1016:Where civil entities decide to change or change their own names or titles, or transfer their own names, they shall go through registration formalities with the relevant organs in accordance with law, except as otherwise provided by law. Where a civil entity changes its name or title, the civil juristic acts carried out before the change are legally binding on them.

(2) Work guidelines: The competent forestry department should pay attention to the decision and change of name and title of civil subject in the process of forestry administrative law enforcement.

(2) It clearly stipulates the rules for the fair use of portrait rights

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 1020:The following conduct may be reasonably carried out without the consent of the portrait rights holder: (1) using the portrait rights holder's already disclosed portrait to the extent necessary for personal study, art appreciation, classroom teaching, or scientific research; (2) unavoidably producing, using, or disclosing the portrait of the portrait rights holder for the purpose of carrying out news reports; (3) producing, using, or disclosing the portrait of the portrait rights holder to the extent necessary for the lawful performance of their duties; (4) unavoidably producing, using, or disclosing the portrait of the portrait rights holder for the purpose of displaying a specific public environment; (5) Other acts of producing, using, or disclosing the portrait of the portrait rights holder for the purpose of safeguarding the public interest or the lawful rights and interests of the portrait rights holder.

(2) Work Guidelines: This article provides a legal basis for administrative organs to produce, use and disclose the portrait of the portrait right holder within the necessary scope for the administrative organ to perform its duties in accordance with the law, and the competent forestry department shall fully understand and respect the portrait rights of civil subjects and safeguard their legitimate rights and interests in the course of performing their duties.

(3) Specify the specific conduct prohibited from infringing on the privacy rights of others.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 1033:Except as otherwise provided by law or with the explicit consent of the rights holder, no organization or individual may carry out the following acts: (1) intruding on the tranquility of others' private lives by means such as text messages, phone calls, instant messengers, e-mails, leaflets, etc., (2) entering, peeping, or photographing other people's residences, hotel rooms, or other private spaces; (3) filming, recording, disclosing or peeping ontowards the private activities of others; (4) photographing or peeping into the private parts of others' bodies; (5) collecting, (6) Otherwise infringing on the privacy rights of others.

(2) Work guidelines: Article 15 of the Regulations of the People's Republic of China on Open Government Information stipulates that "administrative organs shall not disclose government information that involves trade secrets, personal privacy, and other disclosures that will cause damage to the lawful rights and interests of third parties." However, where the third party agrees to disclose or the administrative organ finds that non-disclosure would have a major impact on the public interest, it is to be disclosed. Article 1033 of the Civil Code of the People's Republic of China stipulates that the exception is "unless otherwise provided by law or with the express consent of the right holder". Article 13 of the PIPL stipulates that: "A personal information processor may only process personal information under any of the following circumstances: (1) obtaining the consent of the individual; Necessary for the performance of a contract to which an individual is a party, or necessary for the implementation of human resources management in accordance with the labor rules and regulations formulated in accordance with the law and the collective contract signed in accordance with the law; (3) Necessary for the performance of statutory duties or obligations; (4) Necessary for responding to public health emergencies or for the protection of the life, health, and property safety of natural persons in an emergency; (5) Carrying out news reports for the public interest; (6) Handling personal information that is disclosed by individuals on their own or that has already been lawfully disclosed within a reasonable scope in accordance with the provisions of this Law; (7) Other circumstances provided for by laws and administrative regulations. In accordance with other relevant provisions of this Law, the individual's consent shall be obtained for the handling of personal information, but where there are circumstances provided for in items (2) through (7) of the preceding paragraph, the individual's consent is not required. ”

Therefore, the competent forestry authorities should pay attention to it in the work of open government information.

(4) Clarify the principles and conditions that shall be followed in the handling of personal information, as well as the specific circumstances in which there is no responsibility for the handling of personal information, and construct a framework of basic rights and obligations between natural persons and information handlers.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 1035:Where collecting or handling personal information of natural persons, the principles of legality, propriety, and necessity shall be followed, and excessive collection or handling must not be met, and the following conditions shall be met: (1) obtaining the consent of the natural person or their guardian, except as otherwise provided by laws and administrative regulations; (2) disclosing rules for the collection and handling of information; (3) clearly indicating the purpose, methods, and scope of the collection and handling of information; (4) not violating the provisions of laws and administrative regulations or the agreement between the parties. The processing of personal information includes the use, processing, transmission, provision, and disclosure of personal information.

Article 1036:In any of the following circumstances, the perpetrator does not bear civil liability for the collection or handling of natural persons' personal information: (1) conduct carried out within the scope of the natural person's or guardian's consent;

Article 1037:Natural persons may lawfully consult, transcribe, or reproduce their personal information from the information controller; Where natural persons discover that the information controller has collected or handled their personal information in violation of the provisions of laws, administrative regulations, or agreements between the parties, they have the right to request that the information controller promptly delete it.

Article 1038: Information collectors and controllers must not disclose or tamper with the personal information they collect or store, and must not illegally provide personal information to others without the consent of the person being collected, except where it cannot be processed to identify a specific individual and cannot be restored. Information collectors and controllers shall employ technical measures and other necessary measures to ensure the security of the personal information they collect and store, and prevent information leakage, alteration, or loss. Where leaks, alterations, or loss of personal information occur or might occur, remedial measures shall be promptly employed, and the person being collected shall be informed in accordance with provisions and reported to the relevant competent departments.

(2) Work guidelines: In the course of performing their duties and exercising their powers, the competent forestry authorities need to collect, store, use, process, transmit, provide, disclose and otherwise dispose of the personal information of natural persons, they shall follow the principles of legality, legitimacy and necessity, establish and improve personal information protection mechanisms, and reasonably balance the relationship between the protection of personal information and the protection of public interests. When serving as a collector or controller of a natural person's personal information, administrative organs must not leak or tamper with the personal information they collect or store; Loss: When the department in charge of information security in the relevant field receives a report that personal information leakage, alteration, or loss has occurred or may occur, it shall promptly take measures to prevent the expansion of the losses and make every effort to recover the losses that have already been caused.

(5) It stipulates the obligation to keep the privacy and personal information of natural persons confidential by state organs, statutory bodies undertaking administrative functions, and their staffs.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 1039: State organs, statutory bodies undertaking administrative functions, and their staffs shall keep confidential the private and personal information of natural persons that they learn of in the course of performing their duties, and must not disclose or illegally provide it to others.   

(2) Work guidelines: The forestry authorities and their staff are aware of the privacy and personal information of natural persons in the course of performing their duties, such as forestry administrative penalties and forestry administrative licensing processes, which may involve personal information and even privacy. Personal information and privacy learned in the course of work shall not be illegally disclosed or illegally provided to others.

(6) The concept of "personality rights" is clarified.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 990:Personality rights are rights enjoyed by civil subjects, such as the rights to life, body, health, name, title, portraiture, reputation, honor, and privacy. In addition to the personality rights provided for in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity.

(2) Work Guidelines: This article defines the concept of personality rights and general personality rights by way of enumeration and extension. Personality rights are the most basic rights of civil subjects, and the competent forestry authorities and their staff should fully understand and respect the personality rights of civil subjects and safeguard their legitimate rights and interests in their work.  

(7) The concepts of "portrait" and "portrait right" are clarified.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 1018: Natural persons enjoy the right of portraiture and have the right to make, use, disclose or permit others to use their own portraits in accordance with law. A portrait is an external image that can be identified by a specific natural person reflected on a certain carrier by means of images, sculptures, paintings, etc.

(2) Work guidelines: In the process of performing their duties and exercising their powers, forestry administrative organs shall respect and protect the portrait rights of natural persons, and if it is really necessary to make, use and disclose the portrait of natural persons, it shall be controlled within the necessary and reasonable scope in combination with the provisions of Article 1020 of the Civil Code of the People's Republic of China.

(8) The concepts of "reputation" and "right to reputation" are clarified.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 1024: Civil subjects enjoy the right to reputation. No organization or individual may infringe upon the right to reputation of others by means such as insult or slander. Reputation is the social evaluation of the character, prestige, talent, and credit of a civil subject.

(2) Work guidelines: The competent authorities of forestry should pay attention to the legality and accuracy of the information collected, produced, used and disclosed in the process of performing their duties and exercising their powers, and respect and protect the reputation rights of civil subjects.

(9) The concepts of "privacy" and "privacy" are clarified.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 1032: Natural persons enjoy the right to privacy. The privacy rights of others must not be infringed upon by any organization or individual through methods such as espionage, intrusion, leakage, or disclosure. Privacy refers to the private space, private activities and private information that natural persons do not want to know about their private life and do not want others to know.

(2) Work guidelines: In the process of performing their duties and exercising their powers, the competent forestry authorities must be clear about the scope and boundaries of their own behaviors and activities, and shall not infringe on the privacy rights of their administrative counterparts when conducting on-site law enforcement activities such as investigation, evidence collection, inquiry, inquest, sealing, seizure, etc., and carrying out the whole process of law enforcement records and law enforcement publicity.

5. Guidelines for forest-related work in the inheritance series

1. It involves the inheritance of forest rights

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 1120: The State protects the inheritance rights of natural persons.

Article 1122: Inheritance is the lawful property left by a natural person when he or she dies.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1123 After the commencement of inheritance, it shall be handled in accordance with the statutory succession; in the case of a will, it shall be handled in accordance with the testamentary inheritance or bequest; and in the case of a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 The inheritance shall be in the following order:

(1) First order: spouse, children, parents;

(2) Second order: siblings, grandparents, maternal grandparents.

After the commencement of succession, the heirs in the first order shall inherit the succession, and the heirs in the second order shall not inherit, and if there is no heir in the first order, the heirs in the second order shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

(2) Work Guidelines: Article 32 of the Rural Land Contract Law stipulates that "the contractor's contract income shall be inherited in accordance with the provisions of the Inheritance Law". If the contractor of forest land dies, his heirs can continue to contract during the contract period, and not only the contract management right of forest land can be inherited, but also the ownership of forest trees can be inherited. In the process of performing their duties and exercising their powers, the competent authorities of forestry shall pay attention to protecting the legitimate rights and interests of their successors.

6. Guidelines for forest-related work on tort liability

(1) The obligation of forestry administrative organs to protect the legitimate rights and interests of the people is violated.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 1177:Where lawful rights and interests are infringed upon, the situation is urgent and it is not possible to obtain protection from state organs in a timely manner, and failure to take immediate measures will cause irreparable damage to their lawful rights and interests, the victim may take reasonable measures such as withholding the infringer's property to the extent necessary to protect his lawful rights and interests; Where the measures taken by the victim improperly cause harm to others, they shall bear tort liability.

(2) Work guidelines: The competent forestry department shall protect the infringed party's application for protection of its forest-related legitimate rights and interests in accordance with the law.

(B) the forestry administrative organs for the protection of environmental damage.

(1) Relevant provisions of the Civil Code of the People's Republic of China:

Article 1234:Where damage to the ecological environment is caused in violation of state regulations, and the ecological environment can be restored, the organs prescribed by the state or organizations prescribed by law have the right to request that the infringer bear responsibility for restoration within a reasonable period of time. Where the infringer fails to make repairs within the time limit, the organs provided for by the state or organizations provided by law may carry out the repairs on their own or by entrusting others, and the necessary costs are to be borne by the infringer.

Article 1235:Where damage to the ecological environment is caused in violation of state regulations, the organs prescribed by the state or organizations prescribed by law have the right to request the infringer to compensate for the following losses and expenses: (1) losses caused by the loss of service functions during the period between the damage to the ecological environment and the completion of restoration; (2) losses caused by permanent damage to ecological and environmental functions; (3) expenses for investigation, appraisal and assessment of ecological and environmental damages; (4) removal of pollution, (5) Reasonable expenses incurred to prevent the occurrence and expansion of damage.

(2) Work guidelines: If the damage to the ecological environment is caused in violation of national regulations and can be repaired, the relevant authorities, including the forestry administrative department, shall, in accordance with the provisions of the Civil Code, request the infringer to bear the responsibility for restoration within a reasonable period of time, and if the infringer fails to repair within the time limit, the relevant authorities may recover the relevant restoration costs from the infringer after performing on behalf of the infringer, and request the infringer to compensate for the relevant losses and expenses in accordance with the provisions of the Civil Code.

Source: Guizhou Provincial Forestry Bureau