Legal Countermeasures Research Of Solutions On Forest Right Disputes

Forest right dispute, refers to belonging dispute of living resources and forest resources in forest, woods, livings in woods etc. The main appearance is two or more parties causes disputes of use right and ownership about forest, woods, forest land; it has the attribute of both administrative disputes and civil disputes, and also complex problems of historical legacy. The way of solutions on forest right disputes of our country contributed by four basic forms such as self-settlement, administration-settlement, arbitration-settlement, and litigation-settlement. Among which, self-settlement has two ways as negotiation and regulation; administration-settlement divided into administration settlement and administration reconsideration; litigation-settlement divided into civil action and administrative litigation. Been effected by traditional culture, gentle way of accommodation is the main mode of solving forest right disputes in our country.It is not hard to see from practical, legal countermeasures of solutions on forest right disputes of our country have legal problems such as special legislation delay, terms separated, systematic lacking, basic principle not comprehensive, settle foundation not completed; although in practice a variety of solutions can be achieved through the effective integration of diversified settlement mechanism complementary defects to achieve representation of an ideal state, but still more or less exposed some obvious nature defects, such as strongly discretionary of self-settlement, easy to be effected by human being, low legal validity; litigation-settlement way have high litigation cost, time taking, complex of related procedure. Plus a variety of solutions on the procedure and effect of poor convergence, seriously affected the way of forest right dispute be appropriately solved.The present stage, should stand on our country states, on the basis of finish special legislation, specify basic principle, complete legal foundation, propose of building a diversified settlement mechanism of legal countermeasures, organically and effectively combined sorts of solutions, integrating resources by law, standardize behavior by procedure, safeguard execution by efficacy. Maximize the advantages and features of the various solutions, make up for their deficiencies at the same time, transform each other in practice, in order to assure forest resources ownership clearly, satisfy diverse needs of the many controversial subjects, achieve appropriate solution of forest right disputes, fundamentally promote the harmonious development of forestry resources and social economic health.