Study On The Causes And Resolution Mechanism Of Forest Property Rights Dispute In Fujian Province

The new collective forest right system reform in the countryside, which begun in2003and spread in2008, is considered to be the third land reform in China after land reform and household contract responsibility system with remuneration linked to output. The new collective forest right system reform not only involves the whole process of forestry production and forest resources management, but also to all aspects of the mountainous area and the rural social economy have a profound effect. As the earliest pilot province and city of implementation of the new collective forest right system reform, Yong’an city in Fujian province carries out the new collective forest right system reform in the arduous exploration and has made great achievements. However, in the process of forest right system reform, due to various reasons, caused many types of forest rights dispute, which is highlighted. Therefore, the purpose of this study and emphasis is identifying the cause of the forest right dispute and taking which effective forest rights dispute mediation mechanism.Yong’an city is regarded as research object by the study. Firstly, the study lays a solid theoretical basis through finding the literature at home and abroad related forest rights dispute and analyzing theoretically. Secondly, the study makes a systematic study of Yong’an city of forest rights dispute from the viewpoints of both qualitative and quantitative through field investigation of Yong’an, obtaining first-hand information and data on forest rights disputes. The results of the study is that Yong’an city took place249cases of forest rights dispute, involving an area of1000.47hm2, the average success rate of mediation of67.52%. Thirdly, by analyzing all of the cases, the paper finds the cause of Yong’an city of forest rights disputes mainly including:historical origin, forestry policy and economic interests. Fourthly, according to the involved in the process of Yong’an city forest rights dispute mediation, the paper summarizes the following several kinds:folk forest rights dispute mediation mechanism, administrative forest rights dispute mediation mechanism, judicial forest rights dispute mediation mechanism and diversified forest rights dispute mediation mechanism. Fifthly, to improve Fujian province of the collective forest region of forest rights dispute mediation mechanism, the paper puts forward some corresponding policy suggestions, including to strengthen the construction of forest rights dispute mediation network and infrastructure construction, to improve the working mechanism, to carry out the responsibility measures, to set up the arbitration agency and specific properties and operating norms, to enhance the quality of the mediation and work enthusiasm, to serious pays special attention to the letters and visits, etc.