Legal Analysis On Forest Property Rights Circulation

Collective forest property rights circulation and realization of the right of Forest Property Rights are important part of disposition, having to do with the new round reform of collective forest property goals. Besides, they Benefit the liberation of the development of rural forestry productivity, and promote appropriate scale forestry operations, increase farmers income .However, there are many problems in collective forest property rights circulation theory and practice ,manifested in relatively weak theoretical level, leading to providing limited guidance for the practice ,not standardized, in practical against the interests of farmers and other subjects related to collective forest property rights circulation. First, based on forestry law and public ownership theory, this paper start normative and case research , comprehensively and systematically explaining basic categories of collective forest property rights circulation, through studying court cases related collective forest property rights circulation, analyze and summarize problems in collective forest property rights circulation in practice .Second, based on public ownership theory, this paper explains the relationship between Marxism public ownership and forest property rights circulation, discussing the path of development of collective forest property rights circulation in the Conditions of public ownership of rural land. Finally, put forward to scientific policy recommendations system, which not only meet the conditions of public ownership but also to promote and legitimate collective forest property rights circulation and protect the interests of farmers and other subjects related to the circulation. The main contents are as followed:Chapter one, introduction. Briefly illustrate background and significance of the study, research methods and basic ideas, and explain the source of court cases which used in the paper while summarizing up innovation of this study.Chapter two, legally theoretical analysis on collective forest property rights circulation. Based on forestry law, consult new institutional economics and property rights economics research, based on the needs of the new round reform of collective forest property practice, from the perspective of forestry law, collective forest property rights indicate that collective farmers, natural persons, legal persons and other organizations enjoy the real right, credit, intellectual right and other general rights related to forest resources on forest, woodland, trees and other forest resources, then comprehensively and systematically Explaining basic categories of collective forest property rights circulation such as subject, procedure and range .Based on this argument above, analyze problems in the legal norms related to forest property rights circulation.Chapter three, case analysis on collective forest property rights circulation.This part of the research is based on court-related referees; through meticulously analysis typical court-related referees, carry on practice validation above the earlier normative studies, and summarized the problems in collective forest property rights circulation.Chapter four, relationship between forest property rights circulation and Public Ownership theory.This chapter research from economic base of collective forest rights In other words from rural Public land ownership. First, by combing the literature of classical Marxist theory on public ownership, reach conclusion that Marx'public ownership theory has three essential idea s public property, second, followed by the basic contents of Marx'public ownership theory , based on rural land ownership, for example, elaborated on the communist party of china'inheritance and development toward Marx'public ownership theory. Finally put forward Marxist public ownership theory's requirements and comments on collective forest property rights.Chapter five, conclusion and legitimate collective forest property rights circulation's policy recommendations. Based on the normative and case studies above, proposed policy recommendations put forward to scientific policy recommendations system concerning how to guide and standardize collective forest property rights circulation in order to prevent and resolve disputes in practice, thus achieving the purpose of legitimating and deepening the new round reform of collective forest property .