Study On Legislation Of Real Right System Of Forest Resource In China

As one of the most basic economic and environmental factors, the forest resources is of great importance to the sustainable development of our nation and society. The traditional forest resources real right law system has confused the public welfare forest and the commodity forest in economical and social attributes, has not determined the corresponding real right types according to the heterogeneity of the commodity forest and the public welfare forest, and has regulated the legal relationship of the two kinds of forest resources with similar real right law system rules. All of these have caused a series of economic and ecological problems. Looking from the surface,because it has included the property rights and usufyuct like the right of manipulation and fell, the forest resources real right law system of China seems like a complete real right system. But actually, the scientific and systematic forest resources real right law system has not been formed in our country. At present, our forest resources real right is not a complete real right. There exists various special restricts, making the forest resources real right incomplete and thus causing many bad results. Therefore carrying on a specialized research for the real right system of the forest resources has vital theoretical and realistic meanings.The full text is about 37,000 words, totally three parts:In the first part, firstly, the author gives an analysis to some basic concepts, such as forest resources, woodland, wood, forest and so on, which are the forest resources real right objects and makes further definition of the objects scope. Secondly elaborated the characteristics of forest resources real right, namely the constitutive property, un-infinite-partition , and exterior nature. Thirdly expounds some differences between the forest resources real right and traditional real right in the nature, the emphasis to the object and the content. Finally the writer describes the present situation of our country's forest resources real right law system and points some defects of it.The second part proposed the main principles to set up our country's forest resources real right law system: The principle of sustainable development and the principle of legal prescription of the forest resources real right. As far as the first principle, the author elaborates the formation background, the development phase and the basic meaning of the sustainable development principle,then the sustainable development principle of the forest resources in detail. As for the second principle, the...