Study On The Legal System Of Forest Harvesting Under The Collective Forest Tenure Reform

Forest, as the green treasure of human,the gene pool,carbon storage and energy of the earth, shoulder the responsibility to prevent natural disasters and the commitment to provide resources for human beings, bears tens of millions of farmers to a well-off life. But the contradiction of economic development and ecological protection have been Long-standing,find a balance between them is the key to realize the forests’value in terms of ecology, economic and community.In2003, the CPC Central Committee, the State Council promulgated the "speed up forestry development decision",Fujian Province take the lead in the reform of collective forest rights, after the success of pilot, Liaoning, Jiangxi, Zhejiang province carried on the reform.In June2008, the CPC Central Committee, the State Council promulgated the "on promoting the reform of collective forest right system views", the reform was carry out nationwide.Henan,Jilin,Hunan,Sichuan,Shaanxi,Guizhou and other provinces push the reform to a climax. Now, the predetermined five years of comprehensively promote the collective forest rights system reform opinions"is coming to an end,the clarity of property rights to collective forest tenure reform have basically been implemented, however, the rights of forest land contractual managements is abhorrent to the current legal system,especially contradiction with harvesting system.Such as the preparation of the logging quota, the allocation problem, the process of Logging permits approval,the design of the timber production plan,the application of timber transport certificate and the cost issues,those problems make the rights can not be realized.This paper based on the reform of collective forest rights,means to reflect the requirements of the limited harvesting rights,the implement of the rights to dispose to operate and usufruct.According to the above-mentioned problems,advanced experience abroad and theory of domestic experts,the author raised some questions,then combine the comparative study with related theories to make the relationship of those rights adapted to actual situation.Finally,achieve the goals that the price of forests was realized and the interests of every parties was protected.