A Legal Analysis Of China's Forest Property Right

It is necessary to identify forest property right's position in civil right system in order that efficiency of utilizing forest resources is developed to the full and interests of forest owners is protected. The forest property right can be defined both broadly and narrowly, the definition of the word - the forest property right in a narrow sense (i.e. in this essay) is non-owners' rights for occupying, utilizing and profiting forest resources, belonging to category of civil right. The forest resource is an object of right, which is separated from ownership for forest resources. In perspective for science of civil law, forest resource as the an object of forest property right has an attribute of real right subject, meanwhile forest property right is offered the characteristic of disposal, according with the basic characteristic of real right, but it differs from traditionally real right in both specificality of the object and composition of the right, therefore forest property right is in fact one sort of quasi-real right in real right system. The forest property right with a usufructuary character also is in conformity with quasi- usufructuary right, therefore it is regarded as a new type quasi- usufructuary right in this article. it has common grounds and difference as well, compared with traditionally quasi- usufructuary right- management right of land contract and surface right which can't cover it completely. Because of its originality, the current legal system can't coordinate its legal relationship well, it is imperative to prefect legal system of forest property right in four aspects - usufructuary right of forest resource, right of free transaction for forest resource, the right for tree harvesting and legal protection & relief system (compensation right)...