Study On The Legal System Of The Collective Forest Property Circulation Of China

In China, the forest area is much larger than the area of arable land, now there are 43 million mu of forest land in China,18 million mu of cultivated land is 2.4 times, while the output of the forest is only 22 yuan per mu, only 3% of arable land's. State Forestry Bureau, Jia said: "China's 18 million mu of arable land for agriculture to solve the problem of feeding 1.3 billion people, while 43 million mu of forest land for forestry, 1.3 billion people did not address the use of materials and failed to solve the ecological community the demand, the fundamental reason is that tenure reform is not in place, institutions and mechanisms not smooth, hindered the development of forest productivity." Reform of collective forest rights is inseparable from the overall advance of forest ownership transfer of a reasonable standard. Through collective owned forests, woodlands and forests proper circulation, can solve a long tradition of forestry investment cycle, the problem of poor efficiency, and ecological and economic benefits can be closely combined. By circulation, from static to dynamic forest ownership rights, maximizing the value of forest resources, farmers can get rich, to improve the ecology. Some studies show that the transfer of forest ownership is essentially the legal property of Forestry forest resources rather than changes in property transactions.June 2003, the CPC Central Committee State Council on Accelerating the Development of Forestry decision" issued its request: 'speed up the forests, trees and woodlands right to use reasonable circulation. In the clear on the basis of ownership, the state encourages the forests, trees and woodlands reasonable transfer of the right to use all kinds of social subjects can be through contracting, leasing, transfer, sale, negotiation, transfer and other forms of participation in circulation. "This is our collective right to transfer the development of forest policy support. Fujian and Jiangxi provinces as a pilot successively in 2003 and 2004 began to explore the reform of collective forest right system, clear forest land use rights and forest ownership, and deregulation, franchise,The implementation of right of disposal, to protect the right and the benefits. However, due to the transfer of most of the collective forest right at the pilot stage, there is no perfect laws and regulations, and a corresponding system as a backup, transfer of collective forest rights in China is not standardized yet, thus to some extent on the interests of the plantation owners made the impact, so foresters have not yet become the ultimate collective forest tenure reform beneficiaries. The rural areas, get rid of urban-rural dual structure, integration of urban and rural economic and social development of a new pattern, thereby promoting the "new countryside construction" is contrary to the overall objective.On June 8,2008, the CCPC and the state council on promoting the collective forest tenure reform, the opinion of collective forest right reform will be extended to the various provinces, regulating the transfer of collective forest right system of law will affect the rights of the forest. Therefore, we must research and analysis of collective forest right circulation standardize Chinese legal system of collective forest right circulation, preventing countermeasures for imposition of the impact of rights and interests.Based on our collective forest right circulation imposition of rights and interests protection for study Angle, trying to implement the 17th session of the third plenary session, accelerate the CCPC and the state council on implementing comprehensively promote collective forest right system reform in the opinion of the process, through the collective forest right circulation in China's legal system in China, to improve the standardization of the transfer of collective forest right to promote the smooth progress of the construction of new countryside as little of their own power.Besides the introductory remarks and conclusion, This article is mainly including the following five aspects:The first part is a summary of collective forest right circulation in China. This part of the first involved in the basic concepts, such as forest, the collective forest right, such collective forest right circulation made specific definition. At the same time, this section is from the collective forest right circulation, transfer and transfer collective away the legal attribute of several aspects meticulous expounded. In China, on the whole, expounds the basic concept of collective forest right circulation and legal theory. The second part of our collective forest right circulation is the necessity and feasibility is analyzed. One of our country, the necessity of collective forest right from the Angle of economic development in China is analyzed, the feasibility of collective forest right circulation in China mainly from the laws and regulations of our country's support and policy guidance and attention, contracted land circulation provides some experiences and transfer of foreign experience from four aspects.The third part is mainly to the foreign existing transfer system are introduced and analyzed, the hope can be in on the basis of the analysis of collective forest right circulation in China's legal system construction has positive significance.This is the fourth part of a window, through our collective forest right circulation in the practice of various experimental forest, the influence of the rights and interests of the existing legal system of collective forest right circulation in the imperfect, transfer process, brings certain economic benefits for imposition of farmers, but also to the rights and interests is caused to a certain extent, and the impact of perfecting the legal system of collective forest right circulation of urgency.The fifth part is the foothold, from which the legislative, judicial and administrative law enforcement and policy on the four aspects of perfecting the legal system of collective forest right circulation countermeasures in detail, including that create the operability and perfect laws and regulations transfer process related system is essential.