On The System Of Forest Rights In The Context Of Sustainable Development

The forest resources are with the characteristics of scarcity, property, incomplete excludability. Basis on property rights theory, in order to achieve efficient allocation of forest resources, forest resources should be prescribed and controlled by law. However, the tree farm lands and forest ownership of our country is unclear, and the absent subject of the collective ownership always exists. The thought of priceless of the forest resources still influences widely. The law system of the forest rights is expected to improve. Especially consciousness and law system lack of making use of the rights system for effective protection and prescription on the ecological functions self-purification, load limits of forest resources. All these lead to widespread destruction of forest resources, its clear decline of ecological functions. As Aristotle said: "Those public affairs that belong to the most majority of people are often least taken care of. People concern about their own things while neglect public things. " It is the main problem in achieving sustainable development of forest resources to achieve effective allocation of forest resources and internalize negative externalities generated by the market itself and re-market by definition of the rights and arrangements.This article not only focus on researching the theory of forest rights system ,but also tries to find out the countermeasures of solving the actual problems in forest system of our country. Based on analyzing the concept and specific system of forest right in Chinese theory and practice, some shortage are pointed out and some reasonable suggestions are provided by using interest analysis, systems analysis, logical analysis and other research methods, and further expounds the establishment and improvement of forest rights under sustainable development of ecological environment.In addition the introduction and conclusion, it is divided into four parts.The first part mainly defines the concept of forest rights, the subject of forest rights , the object and type. It first expounds the difference in the concept extension of the forest ownership (scope of the forest rights object) in our country's current theoretical circles. There are some problems about the definition of forest rights in "Forest Law" and other related laws and the concept of forest rights in the sense of language speech. And then based on the analysis, it points out that the deficiency and raises a sustainable concept of the forest right: Forest right is an organism with the subject being legally entitled to enjoy the property right of forest resources and the environmental rights with the ecological functions of forest resources as the object. Then discusses its intension and proposes the theory and legal basis of the concept. Finally, on the basis of a new definition of the forest right, it discusses its subject, object and type.The second part mainly analyzes the present state of the legal system of forest rights of our country on the basis of objective expound of the legislative status of our country's forest property rights, forest environmental rights and the security rights of forest rights. The main problems are: imperfect legal system of forest rights; the absent subject of the state-owned and collective ownership, the incompleteness of power function and narrow sphere of objects of guarantees rights; gaps of forest environmental rights legislation; and incomplete implementation of the rights of association and decision-making of forest rights subjects.Part III mainly discusses the forest rights legislative direction of value in theory under the context of sustainable development. It points out that the legislation of the forest rights systems should regard achieving sustainable justice, efficiency and order of the human society and whole ecological system as value orientation in the future.The fourth part is the section of suggestion of improvement as well as the focus of this article. First, it points out that a basic law on forest resources protection should be set up and the ecological priority, classification management, coordination of interests, rights-based should be as fundamental principles. Second, original rights system of the forest rights should be improved. It includes a clear right to use the state-owned forest resources; confirmation of the environmental right of forest; the establishment of harvesting filing system; the expansion of the scope of forest right mortgage; innovation of circulation system of forest environment right, etc. Third, forest security rights should be improved. It includes uniform dispute settlement procedures of forest land ownership; actual protection of the right of association and decision-making of subjects of forest rights and establishment of the public welfare litigation.