An Analysis Of The Standardization Of Collective Forest Property Legislation In China 's Current Law

Rural collective forest rights relate to the development of national ecology, economics and sociology, which involve the measurement and equal protection of national, rural collective and the people’s interests. Therefore, issues about rural collective forest rights need to be regulated by good working law systems.First of all, this paper applies the method of historical analysis, conducts a review of process of China’s rural collective forest rights system reform, and concludes that in the historical development of collective forest rights, it has relied more on forestry policy, the law has played a smaller role. In the final analysis, the problems of forest rights are civil law problems, and they need to rely on the civil law especially the property law to be solved.Then, this paper sorts out China’s existing laws on rural collective forest rights and finds some problems about they. For example, basic concepts are not clear, contents in laws and regulations are not consistent, supporting system of the protection of the rights and interests of farmers is not perfect, and the compensation of land expropriation is unreasonable. Subsequently, this paper proposes corresponding improvement measures. For instance, the basic concept of the collective forest rights should be given by law, the “rural collective ownership” should be explicated by the civil law, the “member right ” system of farmers and the reasonable land expropriation mechanism should be establishedThis paper, scans the legislation from the perspective of collective forest rights, and draws a conclusion, that is, only through the civil law to regulate the rights and interests about rural collective forest rights, all interests can be guaranteed and the collective forest rights system can get better development.