On Transfer Legal System Of Forest Rights

As an important task of comprehensively push forward reform of collective forest rights, perfecting the transfer legal system of forest rights has important theoretical and practical significance. Using the method of historical analysis,the article divid the transfer legal system of forest rights of our country into three phases to sort and review. Then we find the legislative concept has changed from prohibition or restriction to encourage, and the current transfer legal system of forest rights is incomplete, complex, disorder, scattered and irrational.Basing on that forest rights is property rights to use and benefit, we should define the basic meaning of transfer of forest rights from the following aspects:subject, object, methods and procedures. The current principles of transfer of forest rights is not perfect on the following aspects:authority, systematic, rational and integrity. To overcome these defects, considering the basic value, sources of law and legislative technology,we should use various classification theory of principles of transfer of forest rights to construct a comprehensive system of principles.Basing on sort and review the current specific system of transfer of forest rights,we put forward the following sound advice. First, the content of transfer of forest rights includes the use rights of forest land, forest management rights and the right to operate the forest environment in commercial forest and a range of public welfare.Second, we should consistently provide the species of transfer mode of forest rights,and define the meaning of transfer mode of forest rights in the context of forest rights.Thrid, we should construct the basic process including start session, approval procedure and publicity link, and construct the specific process by setting different procedural requirements according different legal effect of transfer of forest rights. We also should reasonably determine the legal consequences of violation of procedural requirements.