The Legal Problem And The Solving Countermeasures Of The Forest Rights Transfer

Recently, forest rights transfer market has begun to take shape. But it’s still in the primary stage.And considerable problems exist both in terms of the contents of the relevant law and in terms of itsmarket operations in practice.Taking the economic value of forest resource as the starting point for discussion, this paper tries todraw a conclusion that the problems among the forest rights transfer lie in the incompatibility betweenthe economic value and the ecological value of the forest resource. Forest rights transfer lays emphasison the maximum allocation of economic value. But according to the current legal norms, it can be foundthat relevant rules on forest rights transfer are far from perfection, leaving the legal status on theeconomic value of forest rights transfer obscure. This suggests that relevant law system on forest rightstransfer also lags behind. The main conflict of interest between the economic value and the ecologicalvalue of the forest resource converted to the Government and the farmers. The foresters’ purpose is tomaximize economic benefits, but the governments pay more attention to curbing deforestation andconstruction. So they are showing a sharp contrast. And the incompletement of the support facilities offorest rights transfer as well as the poor quality of administrative enforcement leads to the marketdownturn.Therefore, through the analysis of the legal system on forest rights transfer and based onconsiderable data, this paper aims to make contributions to the steady development of forest rightstransfer by offering solutions to promote the perfection of relevant laws and rules, and to eliminate itslegal risks on the basis of sustaining its ecological function and achieving the maximum allocation ofeconomic value at the same time.