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Minority Areas Of Collective Forest Right System To Study

Posted on:2012-05-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:L Y WangFull Text:PDF
GTID:1119330335479909Subject:National law
Abstract/Summary:PDF Full Text Request
Collective Ownership of Forest Reform have been brought about a new reform on the forest area in 2008, which was popularized gradually from the south provinces across the country, and tried to spread The household contract responsibility system of land reform experiences to the field of forestry, set off a new nationwide Round of collective forest tenure reform. China's current collective forest area accounts for more than half of the total area of forest and mainly in the Southwest and other ethnic minorities, collective forest is an important component of China's forestry and sustainable forestry Continued development of the important material security. It is important to summarize the experimenting Phase, discuss the problems in the reform and solve encountermeasures of the development of collective forest property system reform.With the growth of collective forest. but, there are some problems in legal system of collective ownership of forest. For example, the relative laws are not perfect, the property rights of forest land are not defined, forest land's income-distribute institution is unreasonable, the institution of transaction market is not perfect and the relative institution is not good, and other issues. Due to special natural and geographical environment and complex social and historical background and customs of diverse peoples, minority areas in particular are faced with difficulties and problems in the current The reform of collective forest right system.With the deepening of reform, the main tasks of reform in many provinces has been basically completed, regional and national factors determined determine the reform of collective forest right system more complexly and toughly.These above factors seriously affect the farmers the confidence of forest policy reform, affecting the sustainable development of forestry resources, to some extent hindered the forestry construction of ethnic regions. property rights reform has play a crucial role of the reform, clear property rights for the sustainable use of forest resources has a positive impact. Meanwhile, the informal systems, such as Minority cultures, customs and customary law has a significant role in the process of collective forest tenure reform. in the design of collective forest right system, we not only well-designed system of property rights, but also To attach importance to ethnic minorities and promote the informal system. Therefore, the article focused on the needs of the development in the ethnic regions and analysised the historical process and development in the ethnic regions, and tried to grasp favorable and unfavorable factors and promoted the reasonable measure to the substantial development of the forestry in the ethnic regions.The thesis is composed of an introduction, six parts and conclusion, the main contents and conclusion are stated as follows:The second chapter, the author analyses the basic theory of the reform of collective forestry property system.The third part of the thesis introduces the history of the reform of collective forest property right system. Based on the analysis, this part attempts to discuss the references from the history of the reform of collective forest property right system.The fourth part is about practical research.In this charpter the writer chose several villages to investigate the collective forest property system reform. analysis of qualitative analysis of the reform of collective forest property rights in economic construction of the village and the rights of farmers are truly protected or not.The fifthe part is about the national system of regional collective forest rights analysis of the rule of law environment. This part analyzes the current situation of the legal system of collective forest rights, and problems of conflict of laws in the collective forest property system reform, in order to identify reasons for the formation. Combining the current legal status of forest property system and the problems in legal protection.this dissertation argues that the reform of the system depends on the legislation, implementation of law and the judicial process, in which the new ideas of legal protection of collective forest property can be explored.The sixth part is about social analysis of the collective forest.This dissertation argues that the forest property reform in minority areas should start from reality, claims only from the legal aspects is not enough. Attention should be paid to multi-angle analysis rather than the majority of current simple research, because of that, the fifth chapter's analysis is from the political, economic, cultural and other multi-disciplinary perspective which provides an important theoretical support for the following discussion.The seventh part of the main forest area is about thedesign of collective forestry property system.based on ethnic and regional characteristics, and adhere to the national legislation of the "autonomy", taking into account the legislation of the "national character", the useful content of of customary law should be recognized officially by law. Both the collective forestry property legal system and the dispute resolution mechanisms should be set up for deepening reform of Ethnic Regions of collective forest rights reformA system always has a suitable environment for survival, and the system of forest property can not solve all the problems of the arrangement for forest resources,the property rights system needs the support of corresponding changes in the whole system. The purpose of this paper is not only to present a reasonable system of forest property reform, but to provide a relatively new perspective and ideas for forest property reform, and then solve the existing problems.
Keywords/Search Tags:collective forest, forest rights, forest reform, ethnic regions
PDF Full Text Request
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