Research On The Property-Rights System Of Forest Resources Based On Real-Rights Theory

The property-rights of forest resource, as a right of property, belong to real-rights, the foci of which are respectively the right of possession, usufruct, the right of interest and right of disposing. The property-rights system of forest resource derives from general system of real-rights, whose nature has been ignored by most of the present research on this topic. Few carries on the research from the perspective of property right and as a result the innovation of property-rights system of forest resource lacks the foundation of property-rights.The research on property-rights of forest resource based on property-rights theory sets out to analyze and perfect the national property-rights system of forest resource from the perspective of the real-rights. The theoretical implications of the study lie in the innovation in the research of property-rights system of forest resource to some degree and the practical implications exist in the maintaining the property-rights of the subjects and the enforcing the protection of personal properties. It is also with great practical implications in standardization of market regulation, correcting the property-rights system on the basis of Planned Economy System and the realization of economical and zoological profits of forest resources.On the foundation of general real-rights theory, with the systematic methodology and viewpoint, this paper outspreads its discussion step by step accompanied by comparative analysis, comprehensive theoretical summary combined with empirical analysis, deductive and conclusive analysis and borrowing advanced experience and regulation in forest development abroad which helps to clarify our present national property-rights system and the existing problems, in hopes to design an innovative scenario of property-rights system of forest resources.The dissertation clarifies several problems from the following five perspectives: the ownership, right of usufructs, security right, property-rights circulation, integrated supporting services and with detailed items respectively, in purpose of getting a panorama of our national property-rights system of forest resources. It is believed in this paper that the problems lie in present national property-rights system of forest resources includes main body vacancy in property-rights deriving from complicated principal-agent theory, shortage of right of disposing aroused by system of forest cutting quota, impingements of the right of interest led by overloaded taxes, main body vacancy and deformity in management right, vacancy in mortgage right and incompatible integrated supporting facilities.With respect to state-owned forest and collective forest, this dissertation starts the analysis of the property-rights and usufruct systems of state-owned and collective forest firstly from the legal relations of right, legal regulations and the acquisition, exertion, protection and alternation of rights, making great number of quotations of forest resources relevant rule of laws since legal regulations are the suitable reflections of system. Based on the classification of present property-rights system of state-owned and collective forest and the assimilation of advanced experiences of property-rights system abroad, the paper designs respectively the innovative scheme of state-owned forest and collective forest and points out the reform of property-rights system should be taken from the aspects of ownership, management right, right of disposing, the right of interest, mortgage right and right alternation. With respect to personal forest, it is suggested in the paper that borrowing the successful experiences of property management from USA and Sweden and propose the property-rights patterns of contract mode, discounts and joint-stock mode, cooperative mode, lease mode, risk mode, etc. It concludes the characteristics of various property-rights patterns and suitable fields, compares the advantages and disadvantages of various patterns, and finally proposes the ways and measures of reform on personal forestry policy in hopes that it could provide a few references for policy decision makers.At the end of the dissertation, it makes the analysis on the real-rights alternation system of forest resources in China. On the foundation of the existed research, the final part of the paper concludes exclusively the achievements in real-rights alternation system of forest resources abroad combined with our national one in existence. Through the comparative study on the domestic and foreign real-rights alternation system of forest resources, it analyzes the real-rights alternation system of forest resources in existence from the respective of supervising and managing system of real-rights of forest resources and the modes of real-rights alternation, and point out that real-rights alternation system of forest resources should be improved from the seven aspects, which are respectively clarifying the subject and the object of forest resources circulation, improving the auditing system of real-rights alternation of forest resource, the evaluation system of forest resources, the contract system of real-rights alternation of forest resources, the registration and certification awarding system and the archives administration system of forest resources.