Study On The Legal Problems Of Collective Forest Transfer

Forest resources in China is a kind of important natural resources, not only provide important support for economic development, but also plays an important role in the protection of the ecological environment. The collective forest in China is a special form of property rights of forest resources, development and utilization of collective forest is conducive to the improvement of our living level of farmers. In practice of collective forest property rights circulation, it is conducive to the improvement of forest economic conditions, promote the development of forestry economy, the industrial structure also can effectively integrate the forest resources. The utility maximization of the play of forest resources, to achieve China’s economy and ecological sustainable development. But at present, the efficiency of our collective forest rights is not high, there are a lot of obstacles and realistic problem. Collective forest right of property ownership is not clear, legal norms stipulated not perfect, the distribution of benefits of each benefit subject is not reasonable, the supervision and management of collective forest rights transfer is very confusion, these problems seriously hampered China Forest Tenure Reform pace.In this paper, firstly the concept related to the circulation of collective forest rights and analyze the basic meaning, the main issues discussed in this paper, on the basis of this theory, from the property right of natural resources natural resources real right theory and environment resources value theory to the point of view of the collective forest rights transfer base on theory. Although the reform of collective forest rights carried out like a raging fire in the nationwide, but for the collective forest property rights circulation in China is the status quo in legislative level and legal practice level not just as one wishes, there are a series of obstacles. The lack of the law makes the circulation of collective forest rights lack of legal support, the existing laws on the collective forest right circulation exist to varying degrees of restrictions, in practice the lack of supporting system of collective forest rights transfer related, the number of the forest resources value assessment agencies and intermediary service organizations to provide information was not and the collective forest rights transfer amount of the actual occurrence of the match, the orientation of the government in the collective forest rights transfer and so on. These problems seriously hinder the collective forest right circulation, in view of the existence of these problems and puts forward some solving countermeasures, from the start of making laws and regulations, special clear rights and the ownership of such, supporting system and then improve the various related intermediary organizations, improve the service level, to coordinate the interests of all parties, a sound system of forest resource assets evaluation and formed a set of complete and effective system, to ensure that China’s collective forest rights transfer smoothly, improve the utilization of forest resources, forest resources to achieve the ecological and economic value.