On The Problems Of The Property Right System Of Forestry

Forest ownership is the social subject which has the proprietary rights, use rights and management rights to the forests, trees and woodlands. According to their main classification, forest ownership can be divided into:national forest ownership, collective forest ownership and private forest ownership. The collective forest ownership, a kind of forest ownership, has close relationship with the most farmers'interests. It is a classification system which refers to the rights of possession, use, benefit and disposal to all their forests, trees and woodlands. The general manifestation is a collective right which consists of forests, trees and forest land ownership rights. The legal attribute is shown as: real rights with public laws. In China, Reform of collective forest rights has experienced the following five periods:the Land reform period, the primary communes period, the senior communes period, forest "three" period and now it is the marketing operating period of property right system of forestry. In 2008, the State Council promulgated Guidelines on Deepening the Reform of the Property Right System of Forestry and started a new round of deepening the reform. And the document identified the reform of property right system of forestry. That is to solve the following two issues:identification of property right system of forestry and regulations of its flow. In terms of the identification of property right system of forestry, some problems are found in the reform process, such as subject absence in property right system of forestry, unclear edge of property right system of forestry, frequent changes in property right system of forestry, incomplete power of property right system of forestry. So based on respecting for history, planning for the future, administering the forest, and the market adjustment, the department put forward the solutions to clearing the subject of property right system of forestry clarifying the edge of property right system of forestry maintaining the stability of property rights of collective forest rights, and improving the income distribution system of property right system of forestry, which is supplemented by the principle of government guidance, the principles of fairness and justice, upholding the principle of local conditions, and the principle of scientific decision-making and other legal principles. In terms of the regulations of its flow, there still exist the defects of missing the transfer regulations, the non-standard of the Collective forestry property transfer behavior, the underdevelopment of collective forest rights transfer market, and the chaos of development.and utilization of forest landscape in the process of reform of collective forest rights. In order to solve the above problems, some improving policies are proposed such as, amending or developing the relative laws, providing a legal basis for the transfer of collective forestry ownership, normative acts of property right system of forestry transfer, and improving the circulation market of property right system of forestry, improving the development and utilization of forest landscape of the perfect right to transfer and market measures. This article makes the case of Chenzhou City, Hunan Province an example to discuss the relative issues. I hope this article will cast a brick to attract jade and I sincerely hope to be able to hear your views.