Research On Protection Foresters Rights And Interests Of Collective Forest Right System Reform In Guangxi

The Collective Forest Right System Reform is a great transform in Guangxi Forestry. It’s not only an important factor to accelerate the modern forestry, to accelerate liberate the rural productivity, but also a new way to help farmers to get rich. Although achievements has been got in the Collective Forest Right System Reform in Guangxi Province, with the deepening of the Collective Forest Right System Reform carrying out, pay attention to the performance of the reform, but also concerned about livelihood issues of reform behind, namely the rights protection issues of the forest farmers found on the way of this reform. Foresters, as a disadvantaged group with a difficult life and low culture quality in China, plus they live far away from city with underdeveloped transport, the national policies are not implemented to every household given the general state policies have been implemented within each household. Especially for the foresters planted forest resources, mostly of them live in the mountains, they get less interest than the farmer who grows vegetable and fruit because of the long growth rate of trees. Furthermore, with the rapid development of the market economy, the number of the enterprises related to tree felling and processing increases, which leads to the reduction of forest resources. Government occupies forest lands, the enterprise develop and use, which threatens foresters’ interest. It can be protect self-employed tree cultivator by law protection and limited forest cutting, and optimal allocation of forest resources in China.Through the reform of collective forest right system, Nation gives the legal rights to foresters of contracted forest management rights, forest ownership, forest trees, such as freedom of circulation. Self-employed tree cultivator who is in the dominant position should be entitled to recognition and protection of society. Currently there is some problems happened in the protection aspect in the reform of collective forest right system in Guangxi, such as the property rights of self-employed tree cultivator and existing social policies on forestry supporting conflict, farmers participation is ignored, numerous forest right mortgage loan is limited, the difficulties in financing the expansion of forestry and woodland transfer market building is not perfect, self-employed tree cultivator could not get ecological benefit compensation etc. The low efficiency for the township government to deal with controversy about the forest ownership between self-employed tree cultivator, no forest insurance system built by forest department, no a complete law to protect the rights of self-employed tree cultivator, all these factors have an influence on the enthusiasm for the self-employed tree cultivator to participate in reform and the initiative to protect forest resource.The paper study the foresters’ rights and interest protection in the reform of collective forest right. Taking the perspective of the protection of rights and interests of farmers as a starting point, forester plays the role of the major the interests holder in the reform, which in relation to whether the self-employed tree cultivator can get the benefits from the reform of collective forest rights, whether they could get legal use and ownership of forestry; whether there is a effective way to rescue and a perfect system to protect the rights of self-employed tree cultivator. Take Guangxi as a research area to have a research studies, and take the forest in Rongxian Town, Yulin City as the centre to research, to find out the effectiveness of Rongxian County after the reform of collective forest right system. The aim of the study is to find out the legally protected practice which fits the reform of collective forest right system to protect rights of foresters in Guangxi, so that in this way to perfect the existing law to protect rights and interests of forester..In this paper, the research methods of a comprehensive study are mainly philosophy, economics, comparative approach, social surveys, empirical analysis, literature research etc. The successful practice of the reform of collective forest right system in Rongxian Town, Yulin City is selected as the sample. The paper gives the method and advices on foresters’ rights and interests protection through studying the reform method that take actions that suit local circumstances.The main results of the study are showed as follows:Firstly, the paper states the t heoretical foundation and concepts related to foresters’ rights and interests protection, an d gives a comprehensive understanding of the main elements of reform of collective for est right system, the legal property rights of foresters’rights, including the content of specific rights; the paper also draws the system which protect self-employed tree cultiv ator in the aspect of the existing forest property right system, and the legal rescue way which can be used by foresters. The paper also provides the loophole in national law system to protection of foresters’ rights and interests. The second part explains that why foresters’rights and interests protection should be worked well in the collective forest right system reform. To protect the foresters’rights and interests is a manifestation and support to national policy. The protection of foresters’rights and interests influences the rights and interests of majority of related subjects. Nation, social and individual interes ts should be coordinated development. The third section, select a place as a research ob ject, Guangxi collective forest right system reform more successful Rongxian Town, Yuli n City, through the local foresters and regional forestry department inspections, investiga tions, data collection and data through theoretical analysis, for practical investigation So me of the farmers do sort rights protection issues, lessons learned and effective practice s, learn from successful examples and propose effective path for protecting forester’ righ ts and interests protected in Guangxi. Part IV, describes the status of self-employed tree cultivator rights protection in the reform of collective foresters’ right system in Guangx i province. It is found that the regulation and system which can be only used temporar y in law established. Forester rights problems and more judicial disputes come more an d more, so there is difficulty in mediation implementation. Analysis the difficulties in p rotecting foresters’rights and interests in depth by summarized the main performance; F inally, based on improving the existing reform of collective forest right system, improvi ng legislation to protect the forester’s right and interest, to establish a standardized mon itoring mechanism to monitor government, and to expand the channels for forester to pa rticipate in decision-making, it can achieve to give effective advices to foresters.