Study On The Legal System Of Collitive Forest Rights

The collective forest ownership system reformation is ongoing in China. Researching on legal regime of the collective forestry property is conducive to clear the property right, clear the conception of forest ownership and tenure system, and it can provide theoretical support for collective forest ownership system reformation. By using the basic theories of law, property rights, the theory of sustainable development, and using comparative analytic method, empirical analytic method, historical analytic method and systems analytic method to research legal regime of the collective forestry property.The basic theory of forestry property right system is rich. On the basic of learning forest ownership in our country, analyzes the content of forest ownership, the boundaries of forest ownership and the scope of that right. At the same time, the concept, guiding ideology and basic principles of forest rights were described. Forestry property right system both has the nature of property rights and the environment rights. Separation of forest ownership and forest land should be the basic principles of legal regime of the collective forestry property. Ecological compensation system of collective forest rights is an important component of legal regime of the collective forestry property. It is a remedy for the improper arrangement of property rights system. In the process of analyzing the collective forest right system, finding the historical direction of the development of legal regime of the collective forestry property is to clear property rights, and the ultimate goal is to suite Chinese social development. The main problem exists in Chinses collective forest ownership system are: the subject and the object of collective forest rights is not clear, ill-defined rights and obligations of the subject, the transaction of collective forest rights is difficult, personal rights and interests are not effectively achieved .By learning the forestry property right system of developed countries, there are some experiences to learn: collective forest ownership system should have a correct guiding ideology and principles, to define the responsibilities of management institutions clearly, to regulate financial subsidy payment. Union the specific situation in our country and learning from foreign experiences, the ideal of improving legal regime of the collective forestry property are: adjust guiding principle of legal regime of the collective forestry property, adhere to sustainable development, local conditions, man and nature accord development. Improving the guiding principles of legal regime of the collective forestry property is fair and equal to protect the interests of the subject of forest right. Adhere ecological priority, changes with the right times and attention to environmental right protection principles. Establish the long-term development planning and forest protection legal framework in law. Improve the ecological compensation of legal regime of the collective forestry property, financial system, establish reasonable compensation standards to continue improve the collective forest ownership system and the right combination of eco-compensation system. Further defined the subjects, objects of forestry property right, regulate the collective forest ownership system rights transfer, Improve the forestry property right security, improve the economic organization member's rights of collective forest rights protection system, clearing violations Punishment, strengthen the relief system construction, enhance awareness of environmental rights protection...