The Research On Separation And Transfer Of Collective Forestland Contracted Management

In China, the collective forestland usufruct is the requisite rights for the majority of farmers to do lawfully business activities and get the proceeds on the contracted forestland, manifesting the right to contracted management. China’s forestry modernization and the development of large-scale, requires to speed up the transfer of collective forestland usufruct Since the concept of "steadying the right to contract and liberalizing the right to management"put forward, the separation of contracted management right in collective forestland, and the transfer of the right to the sole management becomes the reform direction of today’s forest right system. The analysis of the transfer system of current collective forestland usufruct, and the study of the method to separate further the right to contract and to management, and to accelerate the circulation of the management right, are the important issues to optimize the forest rights system, in the vision of beautiful China".The current forms of circulation of the collective forestland usufruct are divided into two, which are the whole circulation of the contracted management rights and the separated circulation of the contracted management rights, constructing the transfer system of collective forestland usufruct, which centres on the circulation of the right to contracted management in collective forestland. The current transfer forms are littery, with the essence of the circulation of the "contract management rights", which is difficult to adapt to the requirements of "separation of three rights", and speeding up the transfer. Two steps should be used to realize the reform of collective forestland usufruct transfer system.The first step is to promote vigorously the separated circulation of the contracted management rights, under the circulation system of contracted management rights in collective forest. Separated circulation of the contracted management right, means the kind of transfer forms that separates the management right and the contract right, with a significant advantage on steadying forest farmers’ income, reducing the transferees’ worries, and conforming to national policy guidance. Acording to the research, combining the practice and theroy, taking Anhua County of Hunan Province as an example, to promote the separated transfer is facing many problems which are on the aspect of policy legislation and theoretical guidance, forestry farmers, and the transferees. Since the above problems, the national policy should position the contracted right to steady farmers’ incomes, and position the management right to promote the development of forestry; while the local policy should strengthen the publicity and education, stimulate the forms of separated circulation of contracted management right, develop the forest industry with local characteristics, and encourage the development of rural cooperatives, in order to promote the separated circulation of contracted management rights.The second step is to construct a new period of comprehensive system of collective forestland usufruct circulation -- Replacing gradually the contracted management right transfer system with the management rights transfer system. To reconstruct the system, three aspects of problems should be faced:the principal of forestland’s ownership and usufruct are always inconsistent; the forms of transfer are not scientific; the identities of the principal of forest contracted management right are complicated. According to the full text, the research puts forward the idea of establishing the circulation system of collective forestland management rights. First of all, the forestland ownership should be unified, while the collective rights should be steadied. Secondly, the two rights should be clearly separated, the right to contract being limited, the right to management being flexible. Thirdly, the objects in the circulation should be treated differently, with the forms needing to be optimized. Fourthly, the corresponding revenue for people, either having the right to forestland contract or management should be guaranteed, while the state compensation regulations need to be refined. Finally, a series of supporting system should be constructed and improvement.