Research On Legal Issues In The Reform Of Forest Rights In China

At present, in our country, the reform of forest rights is ongoing, and this will benefit to the research on the forest right system and its perfection. In turn, the research on the forest right system and its perfection are also providing the theoretical basis for the reform of forest rights. The reform of forest rights is a comprehensive reform with the clear property right, the management right, and implementation of disposal right and security of proceeds right as the core content. It main reflects the forest right of man's can be realized. Moreover, forest resources still load the ecological function, and this will influence the achievement of the forest right in a certain extent. By the development of the economic society, people's attitude toward the value of forest resources is changing, thus the forest right system is also subsequently has perfection. The property right is the core of the forest right, but the current laws in China, there is no clearly definition to the forest property right. Confirm the forest property right has significant meaning to stable development of forestry and arouse the enthusiasm of the masses' afforestation. This paper uses the general principles of property rights as the guiding ideology, and combination of the legislation of our country and the practical analysis, confirmed the legal attribute of the forest right. In this paper, the author advocates that forest right should be the hybrid aggregation of right and it is a kind of forestry property right. The property law should be providing basic legal protection to forest ownership.This paper was based on the case of Chifeng City's reform of forest right, and combined with the literature review,proceed with the research on the materials to deeply analyzes the problems existing in the reform of forest right and develops a further discussion to improve the forest right system.The first part analyzes the basic problems in the forest right and the reform of forest right. The legislation of our country has no clearly definition to the forest right, so it has different explanation to the academic area and practical area. This paper firstly summarized the definition of forest right, and then expounds the attributes and characteristics of forest right, and think of that the forest right is a kind of hybrid aggregation of right and it is a kind of forestry property right. It not only includes the content of ownership but also includes the kind of usufructuary rights and security interests. In this part, the paper also introduces the background, the present situation and its content of the reform of forest right and the analysis of the property law.Secondly, the paper analyzes the problems existing in the reform of forest right in our country and analyzes the reasons. According to the investigation of Chifeng City's the reform of forest right, the author summarized the problems and their causes. In the legislation of our country, although it has Forest Law and a series of related policies on forest right system, but still imperfect, meanwhile, the special background of the reform of forest right and the lag of the supporting reform make the reform of forest right not enough, it also exists unclear property right, disorderly conversion, imperfect dispute resolution mechanism and also has a series of other problems.The third part discussed the suggestions to the improvement of the forest right system. The country needs to establish perfect forest right in legislation, and should put the forest right into the range of the property law. In this way it can provides the basis to the perfection of forest right system and also protect the forest resources in legal system, meanwhile, pushing the marketization of forestry operation. In this part, the author firstly identifies the basic principle of the forest right system, and secondly proposed the suggestions of how to improve the forest right system in our country. Protect the perfecting the forest right of the property rights is the inevitable choice and path to promote the forest industry economy's rapid growth, mitigating the crisis of forest ecological environmental damage and effectively coordinate the conflict between rights and ecological protection. At last, the author expects the arrangement of China's forest right system can increasing systemization, standardization and adapt to the needs of the development of economy and society to the present.