Study On The Collective Forestry Property Rights System In China

A series of new questions about the research of the collective forestry real right system are brought forward after the promulgation of the real right Law of the People' s Republic of China. The forestry real right system should be treated as a whole from an ecological perspective for the following reasons: perfect ing the relevant systems of collective forestry real right to conform with the development of economy; clarifying the collective forestry property right, stimulating the forest worker to participate in the collective forestry production and construction; promoting the economic development of collective forestry; especially to satisfy the request regarding the forestry real right system construction, which are proposed by objective ecological environment. The collective forestry real right system is extremely complexed. It should be researched from the following aspects: the collective forestry ownership, Usufructuary Right, Mortgage Real Rights for Security, neighborship, Easement, Possession, and ecological compensation for forestry. At the same time, the most advanced theory of environmental protection should be incorporated into the research of traditional real right system. Special deep research should be conducted into the legislative spirit in the Constitutional law, the Real Right Law, Economic law concerning collective forestry and Admisdrative Law, etc, so that some innovative systems without contrasting to the spirit can be added to meet the requirement of forestry development. But for instance increases some what Reality of laws explicitly not to stipulate but is truly advantageous to the standard forestry property right system, in the collective forestry real right institutional framework the formulation being suitable collective forestry about the power for cutting and the collective public welfare forest and the commodity forest division system, the suggestion for consummation holds the system of collective forestry, the establishment new easement of forestry, the consummation about the finance mortgage guarantee system of forestry and so on. Moreover, formulates Collective Forest Rule is important. Changes the rule the legislative goal to lie in further determined that the collective forestry real right system, the defined collective forestry property system, the standard ownership of forests sets up the change, the transfer, the elimination, the promotion collective forestry public welfare and economic efficiency win-win; The basic principle including the protection ecological environment first principle, the greatest degree protection collective forestry's economic interest principle, the unification stipulation and the differential treatment, act as circumstances permit; Its basic system including the collective ownership of forests card registration system, the related work and the benefit distribution system, the collective forestry contracted management system and the collective forest land rents the management system, the collective forestry mortgage guarantee system, the collective forestry to cut the target distribution system, the collective forest land adjacency relation and the easement system as well as the collective public welfare ecology forest compensatory regime. In brief, the collective forestry real right system research is an item of great system research, its goal lies in realizes our country forest economy highly effective, the sustainable development, and from the greatest degree protection ecological environment.