The Research On Protecting Foresters Rights And Interests In The Collective Forest Rights Transfer Process

In2008, the Central Committee of the Communist Party of China “Decision on rural reformand development of a number of major issues,” pointed out:“we must effectively protect theinterests of farmers, and always realize, safeguard and develop the fundamental interests of themajority of farmers as the starting point and goal of all work in rural areas.” Highly-regarded ofThe Third Plenary Session of the18th Central Committee of the Communist was held inNovember2013，and clearly stated that should give farmers more property rights. According to thelegislation department，a new round of collective forest right system reform in China is drawing toa close，right of collective forest rights work has been basically completed，reach more than95%.However，the collective forest rights’ transfer is the key to forest tenure reform，It relates to theinterests of the farmers can be fulfilled，but also it is an important way to achieve the scale ofchina’s forestry operations and long-term development of forestry，so the transfer of collectiveforest rights is essential for specialized research.This paper from the premise of explaining the theory of transfer, pointing out the significanceto protect farmers’ interests in the process of the forest rights’ transfer. Meanwhile，set out themain farmers’ rights: contractual management，disposition，and usufruct right. Secondly，combining many defects in practice caused damage to the interests of farmers. such as legislationdefects of Forest rights transfer system makes foresters interests lose legal level of guarantees; thegovernment exercise the power inappropriately makes the farmers’ autonomy limited，in addition，there some issues such as the forest rights transfer process is unreasonable and ancillary servicesreform is lagging，so that brings farmers large loss. In this paper，based on the forest rightsprotection in the process of our country’s forest rights circulation as the angle of research，tryingto implement the spirit of The Third Plenary Meeting of the18th Session of CPC，accelerating theprocess of collective forest right system reform，through the study of collective forest rightscirculation in our country，on the basis of studying on the management of foreign forestrycountries and draw lessons from them，then make a number of recommendations to protect theinterests of farmers. In my opinion，it should improve the legal system of forest right circulation，regulate the circulation of forest right，strengthen a series of support services and enhance farmers’market transactions and legal awareness. This is the way of our country’s sustainable forestry development that the system based on forest rights and interests are protected.