Stuay On Transference System Of Forest Rights In China

Forestry is not only an important public welfare,but also is an important basic cause. Forestry provides not only the necessary timber and forest products for people product and living, but also create a good living environment for people.With the continue deterioration of the environment and continue to carry out and implement the scientific concept of development, now China's forest is in the transition period of from product timber to ecological construction. In the back ground of the reform of collective forest rights, the forest rights determine and transfer has become the two important parts of the reform of collective forest rights, which play a substantial role in the reform. The forest ownership transfer have become key to the reform of collective forest rights by the gradual completion of the forest rights determine .so now urgent need make some specific provisions for the forest rights transfer . Thus, the establish of forest property transfer system is not only a vital part of sustainable development, but also is a top priority of the new reform of collective forest rights. However, at present, because transfer of forest rights legislation was seriously lagging behind, the current "Forest Law "has been unable to meet the practice requirements of growing forest right shift. At the same time, because relevant laws and regulations are scattered in the "Forest Law", "Property Law ", "Rural Land Contract Responsibility Law " and so on, So far, no one a unified national specialized laws and regulations on forest right shift is introduced. Therefore, with expand general of the activity of forest right shift and comprehensively promote of the reform of collective forest rights throughout the country, in-depth study on the forest right shift system is not only the needs of the economy leapfrog development, but also is a need of promote the harmonious coexistence between man and nature and achieve sustainable development of forestry, which has profound theoretical and practical significance.Besides the introduction and conclusion, the paper is divided into three parts.The first part is overview on the system of collective forest rights circulation.This part demonstrated the nature and Legal forms of collective forest rights on the basis of introduced on a variety of theories of meaning of forest right shift and elaborate on its nature and categories and analyze on its the necessity and feasibility. The second part mainly discusses the problems and its reasons of the system of forest right transfer. At present, the problems of the system of forest right transfer mainly reflected in the scope of forest ownership transfer is not clear, forest trees circulated is limited, forest right transfer is lack of related supporting systems and normative. The key reasons of the problems are forestry legislation lags behind and the role of the government is dislocated.The third part of this paper is an important chapter too. This part from view, the macro and micro levels to build the system of the forest right transfer completely. Specifically, from the macro perspective, the first is to building a sound controlling system and to inhibiting the role of the government dislocated, which make the government can step into the orbit of administration according to law quickly. From view perspective, building the perfect system of forest right transfer by to learn the successful experience from home and abroad and to improve the relevant content of the forestry legislation continuously. From the micro perspective, to perfect the systems of forest right transfer and related supporting systems by on the basis of conscientiously sum up the experiences and lessons learned of the forest right transfer in the specific operation.