Collective Ownership Of Forests Circulation System Research

The forestry is a national economy basic industry, the forestry provides each kind of forest product and the ecology product to the society, the forestry is specially is promoting the rural economy social development aspect to play the influential role. Along with the economical development, increases to the ecology product's demand, but the supplies relative insufficiency, causes our country economy sustainable development to receive certain restriction. Our country since long, cuts again, the light nurture, the forest resources sharp decline, many place hillsides go out of cultivation. Forest resources'reduction, caused each kind of forest product shortage, the ecology, the environment quality to drop directly, each kind of natural disaster frequency sent. The collective forest is our country countryside one property right form, is our country forest resources part. The collective forest has the vital role in our country forestry, is our country forestry important component. The collective ownership of forests is forest worker's property right, has the significant property value, is an ownership of forests important component. The collective ownership of forests circulation relates the forest worker rights and interests and collective ownership of forests system reform realization. The collective forest to the rural economic development, the countryside casts off poverty and set out on a road to prosperity, increases the forest product supplies, protects the environment and the ecology has the important meaning. The collective ownership of forests circulation can enable the forest worker legitimate rights and interests to obtain realizes, the standard circulation may avoid the ownership of forests dispute, enables the forest resources to obtain the protection. Under the collective forest land system of ownership invariable premise, the forest worker exercises the collective forest land right of use, enjoys the forest property rights, the right of disposal, the usufruct, causes the forest land the right of use, the forest property rights circulation, causes the resources optimization disposition, causes the forestry production to step onto intensified, the formalization management path. The collective ownership of forests system reform is a rural reform constituent, is the countryside land system reform on forest land extending. Along with the reform and open policy and the market economy to the depth development, our country collective forestry is gradually improving, but the present collective ownership of forests system existence has not adapted the forestry productive forces development aspect. This article take the real right and the creditor's rights elementary theory as a foundation, through the literature collection law, the theory relation practice analytic method, the system analytic method conducts the research to our country's collective ownership of forests circulation system. The real right and the creditor's rights respectively are the static property relations and the dynamic property relations central content. The collective forest property right's initial limits take the real right as the foundation, the collective forest property right circulation take the creditor's rights as a foundation. In the collective ownership of forests's historical vicissitude process, the real right theory can realize collective ownership of forests initial limits fair, drove that forest worker's production enthusiasm, the optimization forest resources'disposition, is advantageous to the forest resources sustainable development, is advantageous in the consummation collective ownership of forests system, the standard collective forestry development. The real right establishment causes the property rights, the usufruct to be defined, through from the real right, his real right's establishment, realizes the resources reasonable disposition. In the collective ownership of forests aspect, the forest land contract right of management urgently needs security interest and so on profit real right, ownership of forests mortgage establishments, has provided the legal safeguard for the collective ownership of forests's circulation. The creditor's rights have the safeguard function to the collective ownership of forests's circulation, realizes the collective forest resources optimized disposition, the safeguard collective forest resources sustainable development. Ownership of forests essential factor including ownership of forests main body, ownership of forests object, ownership of forests content. The article in is clear about the real right, the creditor's rights and in the ownership of forests elementary theory foundation, from our country collective ownership of forests circulation legal relationship constitution, our country collective ownership of forests system's historical vicissitude and in the collective ownership of forests circulation has the problem, the overseas ownership of forests system and profits from, aspects and so on collective ownership of forests circulation concrete way to analyze our country collective ownership of forests circulation system. In the union actual foundation, to consummate our country's collective ownership of forests circulation system to provide the suggestion.Since new China was established, in the specific historical situation, the China forest policy for several dozens years was extremely unstable, carries on the significant change, the collective ownership of forests system also unceasingly had been changing several times. Concrete may divide is several stages, is also the land reform time, the Elementary cooperative time, the Advanced cooperative and the People's commune time, the forestry "three decides" the time as well as the ownership of forests reform deepening time five stages. Our country is carrying on the collective ownership of forests reform, this to established the collective ownership of forests circulation system to provide the good turning point. Our country collective ownership of forests has the ownership of forests circulation in the circulation the nationwide legislation flaw, the circulation receives the serious limit, the ownership of forests circulation procedure operation is not standard, the appraisal organization is not perfect, the forest, the forest right of use circulation is unclear, public welfare forest circulation unclear and so on questions. Our country collective ownership of forests circulation content forest land right of use, contract right of management circulation, forest property rights, right of use circulation, forest landscape development use power circulation. Circulation concrete way:Buys stock, the transfer, the mortgage, the cooperative business operation, the contract, the tender, the auction, to rent and so on. In these circulation way, the contract, the auction, the tender belong to the first-level circulation, the contract way are the ownership of forests first-level circulation fundamental modes, the second-level circulation including buys stock, the transfer, the exchange and so on. Through strengthens the property appraisal organization and the troop construction, strengthens the forestry financing construction, strengthens the forestry insurance construction, the transformation forest management way, the consummation forestry services structure, implementation ways and so on sort management, management carries on the consummation to our country collective ownership of forests circulation.