Study On The Legal Regime Of The Collective Forestry Property In China

From the beginning of 1980s, the collective forestry property reform was started which take decentralization as the core has not stopped, but forestry farmers'enthusiasm was not aroused, through the review of the reform of southern collective forestry property rights, though the government emphasized protects forestry farmers'benefit, and wished promoted the development of forestry, the final result is the efficiency of forestry management is low, the forestry development effective is not ideal.Through analyzing the change of forestry farmers'rights and interests, include the theoretical rights, the actual rights and interests, and the legal rights and interests, the result of the research is the actual rights and interests < the legal rights and interests.In this research, we choose Caiyuan village as the sample, which lies in Jinping county, Guizhou province. As collective members ,and also as the main body of household management, the forestry farmers'rights and interests are unsafe, and are easy influenced by outside power, include the villager commission and the government, the control of the present law to the rights of the forestry farmers is obvious, such as the management rights.In this research, we choose a case to analyze the forestry farmers right and interests, including the entity rights and interests, thought that the farmers are poor, they can't protected their right efficiently, when they are effected.At last, the conclusion of this paper is some pieces advice that protected the farmers'rights and interests, thought that forest land contract operating real right, protecting the forestry farmers'membership power, carrying on the safeguard to the forestry farmers'usufruct, only carrying on the advice above, the collective forestry management in southern collective area can be sustainable.