Research On Reform Of China's Collective Forest Right System Of Legal Issues

Forest rights of forest resources is the property. Ownership of forest property rights are the country's forests, trees, forest ownership; Collective forests, trees, forest ownership; individual forest ownership, forest use rights. From the horizontal analysis, which includes forests, forest harvesting use rights, forest, the forest, forest resource use rights acquisition, development and utilization of forest landscape right, right to compensation, benefits rights, transfer rights, mortgage, security rights, etc.In implementing the strategy of sustainable development of forestry has an important position in ecological construction in a prime position in the western development with the foundation, in response to climate change has a special position. According to the State Forestry Administration Sixth Forest Resource Inventory data, China's collective forest resources of the total area of 57.55 percent of forest resources, the implementation of collective forest property rights issue has been the focus of forest tenure reform. Reform of collective forest right system, "Hill set the right tree will root, people-centering" to stimulate the production of farmers and promote the farmers to develop forestry, Is to enhance the competitiveness of forestry and means of support for agriculture and rural economic development, for farmers to get rich, to improve the ecological environment has a positive effect.China's collective forest tenure reform through land reform sub-period of forest household, agricultural co-operation during the forest company entrance, the people's commune period of unified management of all stages of the collective forests and forestry "Sanding" stage. Since 2003, China's collective forest right system reform entered a new stage of comprehensive in-depth reform, and Fujian, Jiangxi and other places as a pilot, Establish clear property rights, business entities are in place, a clear division of responsibilities and rights, to protect the interests of strict norms and smooth circulation, monitoring services, effective property rights system of modern forestry.At present, the system of collective forest property rights are still unclear ownership, empowerment incomplete, and administration, transfer and disposal of non-standard rights issues by the constraints, it is necessary to the existing system of collective forest rights for further reform. From the perspective of sustainable development, forest tenure reform is to achieve the objective requirements of sustainable development of forests, to truly achieve sustainable forest development, forest resources have the right to the existing system to change and innovation. Comprehensively push forward the reform of collective forest right system is stable and improving rural basic management systems necessary requirement is to promote employment income farmers, building ecological civilization, the development of modern forestry strategic initiatives.Deepening of collective forest tenure reform process, we should be property rights system and property rights theory, learn from foreign experience in forest right system, the system of collective forest rights to explore our way of change.Reform of collective forest right system focused on the ownership, management rights, disposition rights, compensation and benefits right. For the present, China's collective forest right system problems to property and property rights theory, This paper:First, clear property rights, including specific measures of clear property rights, and Right and Interest in the different subjects of rights; Second, transfer of forest rights norms, establish a sound forestry elements of the market, improve the transfer process, system, and strengthen supervision of Forest Right; Third, deregulation, the right to operate and implement their own decisions-scale operation to achieve the diversification of business entities, improve incentives, enhance the standard of forestry science and technology innovation and the cultivation of commercial forest harvesting management; Fourth, the implementation of the right to income, improve the ecological benefit compensation fund system, to increase compensation for ecological forests, protection of forest land requisition compensation rights, the right to carry out forest tax relief for mortgage loans and other.