Research On Legal Regulation Of Collective Forest Right Transfer Based On Ecological Protection Stand

Forest itself is a ecosystem by the interaction between soil and plant, animal,microbial and influence, is the body of the terrestrial ecosystem. The seventh timesorting out forest resources, according to the results of the collective forest land areaaccounted for60.05%of national forest area. Therefore, the collective forestresources protection of terrestrial ecosystems in China is of great significance.This collective forest right system reform since2003through a grassland-usewhich issued to farmers forest rights assigned to the farmers, the change has beencompleted.Determined by the ecological value of forest resources, under the background ofthe completion of the reform, based on the position of ecological protection, reflectionof collective forest rights may be adverse influence on the ecological protection, andput forward targeted solutions based on this kind of thinking, both for the sustainabledevelopment of forestry and the protection of ecological environment, if the method isproper, should be valuable.First of all, in this paper, the collective forest right system reform and thecirculation of collective forest rights, comprehensively expounded. Points out that thecollective forest rights refers to the collective forest land ownership, collective forestland use rights, ownership of forests or trees and forests or trees to use. Collectiveforest right system mainly refers to the specification on the ownership of the forestresources, circulation, classification management, ecological compensation andcutting the floorboard of the management system. Including the ownership ofcollective forest rights, circulation of collective forest rights system, the system ofcollective forest classification management, ecological compensation system and thesystem of collective forest tending, logging, and the management. From theperspective of ecological protection, our country collective forest right system hasexperienced the establishment of collective forest rights ownership and consolidationstage, stage of collective ownership of forest and the collective forest tenure reformstage, stage of different understanding of forest ecological value is not the same,showing a never know to attach importance to the process of gradually, and thereforein the reform of collective forest rights clear will be good "ecological" as the goal ofreform to be established.Transfer of forest rights is not only the holder of the right, one of the ways in which the economic profit, also need to improve the efficiency of forestry production.Including forest right circulation in the transfer of forest rights to others lose theirrights of situation, the forest right leasing, contract to others business situation andassets separate trees to transfer to others the situation, etc. Forest rights transfer is adirect result of the land-lost farmers increase and speed up the implementation offorestry scale operation.Secondly, this paper explains the necessity of legal regulation of collectiveforest rights circulation. After the reform of collective forest rights, forest rights hasessentially belongs to the private rights, state to be encouraged about the forest rightcirculation. Current rules of forest right circulation regulation mainly includes therestriction of forest land ownership transfer, transfer of public welfare forest, clear ofcollective forest rights transfer procedures, the nature of the change of woodland,restrictions and circulation time limit and so on, these restrictions on transfers offorest right is not perfect, the need to strengthen. From ecological protection’s positionto consider, to further strengthen the necessity of forest right circulation regulationembodied in, one is eliminated because of the reform of collective forest rights reformitself logic assumption, the reform of forest land fragmentation results, and under thebackground of urbanization and aging of the ecological impact of forest right reform;it is to avoid the formation of forest rights circulation scale forestry operators are notscientific mode of operation may cause soil erosion, biodiversity reduction, withforest category singleness and woodland soil fertility decline and destruction ofecological environment.Third, the position is proposed in this paper, based on the ecological protectionof collective forest rights circulation to regulate specific content. In order to meet thedemands of ecological protection, should be from two main aspects of forest rightcirculation regulation, one is subject to regulation of forest right circulation. In termsof assignor, banned the transfer after the felling trees did not finish the reforestationand qualified in accordance with the law of forest right, banned its during the last termforest right rotation phase transfer of forest rights, leaving in its origin transfer offorest rights should be assigned when forest rights of public welfare forest; Peoplework in the aspect of forest right assignee, banning countries accepting of collectiveforest rights, requires the assignee shall have forestry management ability, theassignee to transfer of forest rights must ensure that the transfer of forest resources inquantity and quality of not less than and not lower than the state, banned its at the end of the forest right term of a rotation phase transfer of forest rights. The second is theforest’s right the assignee to the rules of conduct. The first is based on the regulationof forest management plan, forestry operators have an obligation to making forestmanagement plan and strictly enforced in the process of operation, to changeoperation programs, without legal procedures shall bear the legal responsibility;Second is based on the environmental impact assessment of regulation, the scale offorestry operators accepting others forest rights management purpose, forestrymanagement implementation may cause ecological destruction in the process ofproject, the scale of the forest category replacement, natural forest undergrowthreplacement and massive economic projects environmental impact assessmentimplementation environment, ask the operator to the ecological environment impactof its operation behavior can make a prediction and evaluation; The third is based onthe logging management regulation, forest cutting management mainly includescutting quota management and logging. In the forest right circulation, should continueto cutting quota management system strictly, and the operator in the way ofdeforestation and logging design, deforested update, reforestation strict quality checkacceptance, etc.