A Study On The Objects Of Forest Rights

To pursue the traditional economic value of forestry resources,by China's current legal system of forest rights,the objects of forest rights are defined as forest land,forest tree,and forest.These provisions are so simple that it ignore the community requirements for forest resources' great ecological value,lead to many problems in forest rights reform,and hinder the sustainable development of forestry in China.It is helpful to improving the forest rights theory and forestry related laws and regulations,and promoting China's forest rights reform and the sustainable development of forestry,that studying the objects of forest rights.However,the academic,rarely study the issues related to the objects of forest rights directly, hasn't given enough attention to them,and most of the indirect research,lack of the summary of the criteria for the objects of forest rights and the in-depth discussion on what the objects ought to be,only focus on the existing legal provisions.Starting from the theory of forest rights' objects,by the analysis of the objects' historical development in China and the study on foreign objects-related content,summarize the correct guidelines and basic principles of defining the objects and the specific range of China's forest rights objects.Explaining the concept of forest rights objects from the angle of jurisprudence,analysing the requirements of civil law,forestry,economics for forest rights objects, with the specificity of them sums up that as the external static description of forest rights,the objects must be able to reflect the related interests of society and contain the objects which can reflect the ecological value of forestry;as the forest rights objects are closely related to forest resources,with the natural geographic relevance,the reasonable arrangements of forest rights objects must respect their natural attributes;with the "objects" and "public goods" features,the forest rights object must be as detailed and specific as possible.Driving from the in-depth analysis of the transformation of forest rights objects during the period of land reform,agricultural cooperation,people's commune,sanding reform,infers that the forest rights objects' extension and intension are not static, but should change with the needs of the community and make a corresponding adjustment;because of the lack of proper and reasonable defined principles of forest rights objects and knowledge, technology's support from related subjects,the contemporary forest rights objects' provisions are lack of scientific legislation and objects those can concentrated reflect ecological value of forest resources.Learning from Japan's "River Forest", "Forest Carbon Sink",Russian "Forest Resources" and American "Forest Ecosystem",finally sums up that it needs to adhere to the guiding ideology that using the interests of society as the ultimate goal,the forest ecosystems as the basic starting point,the science and technology as the strong support;it must reflect economic value,ecological value, and cultural value of the forest resources,to correct define the forest rights objects;China's forest rights objects should include forest tree,forest land,other plants in the forest,especially forest carbon sink and forest landscape those new kinds of objects which can concentrated reflect the ecological value of forestry.