Study On The Forestry-property-rights-circulation Legal System In China

With the intensification of global warming situation, and home and abroad paymore attention to the development of forestry. The forestry of our country is as wellexperiencing a significant historic change which is from mainly timber production togiving priority to the ecological construction. It has become an indispensable key linkof the sustainable development of forestry to construct and perfect theforestry-property-rights-circulation legal system. Academia launched more researchand discussion, and formed relatively rich constructive opinions. At present, scholarsbasically agree that forestry-property-rights belong to the category of property right.The laws in our country on the forestry-property-rights of the subject, object andcontent definition is different and disordered. Therefore, the definition offorestry-property-rights is also not yet agreed. Forestry-property-rights as propertyrights are private rights with the color of public law.Forestry-property-rights-circulation is that the forest land and forest use rights andforest ownership circulate and transfer between the different subjects.Forestry-property-rights-circulation is often confused with the transaction of forestresources. And it is difficult to see the essence of forestry-property-rights-circulation.By defining forestry-property-rights-circulation and its properties, we know that thecontent of the forestry-property-rights-circulation legal relationship mainly includesthe forest land use rights, forest use rights and forest ownership. The manners offorestry-property-rights-circulation mainly include transfer, interchange, leasehold,mortgage and investment etc. Since the founding of our countryforestry-property-rights-circulation experienced the free circulation of theforestry-property-rights, the possibility fade, thaw, breakthrough and developmentfive different periods. The forestry-property-rights-circulation history indicates thatbefore reform and opening up the forestry-property-rights-circulation legal system inour country had been in a state of instability policy guidance, and lacked of thereasonable stable provisions in legislation. After the reform and opening up，somelegislations about forestry are gradually developed and perfected, but the legislationabout the forestry-property-rights-circulation is only referred to some of the relatedlaws and administrative regulations and has been not specially regulated. Through thecombing of the Policy and law about the forestry-property-rights-circulation, it still has some defects and problems, such as the forestry-property-rights-circulationregistration system is not perfect; Forestry-property-rights assets evaluation system isnot sound; and forestry-property-rights-circulation supervision system is vacancy andso on. Therefore, our country wants to construct and perfect the legal system of theforestry-property-rights-circulation, we can reference relevant legislative experienceat home and abroad. Coordinate the relationship between the forest right registrationand the "Property law"; improve the forest right registration legal effect; regulate theforest right registration content and registration books.Strengthen the forest rightassets evaluation system construction; establish and perfect the system of forestrycarbon；perfect the forest right assets evaluation system. Clear the government actionin the forestry-property-rights-circulation; regulate theforestry-property-rights-circulation behaviors;and strengthen the supervision offorestry-property-rights-circulation.In reference to the "Rural Land ContractualManagement Right Circulation Management Measures" we should as soon as possibleformulate a national unified "The forestry-property-rights-circulation managementregulations (or measure)", to make our forestry-property-rights-circulation really getdistinguished and stability in the system, in order to promote and safeguard therealization of Chinese forestry’s functions in the economic, social and ecologicalaspects.