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Research On The Forest Right In The Perspective Of Civil Law And Natural Resources Law

Posted on:2017-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:H HuangFull Text:PDF
GTID:2336330488972290Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of social economy in our country,people's standard of living has generally improved,coupled with increasingly serious environmental problems,people's needs corresponding changes have taken place,people urgently want to improve the condition and social environment,so forestry problems caused people's attention.Forestry is not only to meet the diverse needs of the community of wood and other forest products,but also to meet the needs of improving the ecological situation,to protect the ecological security of land.Due to the constant change of people's demand,the change of supply and demand of resources and the change of supply mode.Although our forest right system has experienced a long time,the reform has also made some achievements.However,with the economic and social development,our forest tenure reform should also immediately and continuously deepen,to adapt to changes in the development of the market economic system.Therefore our country forestry is in a timber production to in order to build an ecological important change and transition period.Although the forest right in the policy is a more mature concept.However,the law has not clearly defined property right of forest,about the content of the forest right of the relevant provisions can only scattered in "forest law","rural land contract law","property law" and other laws and regulations,is not conducive to the rights and interests of forest owners and forest right value into full play,so we should be unified laws of forest right,for forest owners to provide more explicit legal basis and protection.According to the research,the forest right is a right bundle which takes the ownership and the right of use of forest resources such as forest,forest and forest.It has the characteristics of universality,complexity and diversity of the object.At the same time,the value of forest right has many aspects,not only has economic value,but also has social value and ecological value.Pay attention to the traditional civil law from the perspective of the forest right is its economic value,by contract,lease,transfer the forest resources value into economic value.However,under the concept of ecological civilization of the forest right requires us in the realization of economic value,at the same time,the pursuit of the ecological value of forest resources,how to solve the contradiction between the two,is worthy of our consideration.This article carries on the elaboration from three aspects of forest rights of forest in the overview,the traditional concept of the study on forest right,the concept of ecological civilization,first of all through an overview of the forest right understanding of forest right concept,nature and development of,then through the study of the traditional concept of forest right and find out the problem,the traditional concept of forest right both to all right,usufructuary right in the center of,including to transfer to the right in the center of.By understanding that enable us to understand to the pursuit of traditional concept of forest right is the realization of economic value.However,the rights of the exercise in relation to the ecologicalenvironmental protection and development,therefore it must be on the rights of forest owners set certain burden,enable us in the pursuit of economic value of forest resources at the same time,also taking into account the realization of its ecological value.However,in today's economic society,the ecological value of forest right can not only rely on the moral or legal constraints to achieve,"profitable" is to stimulate more people willing to power.Therefore,to explore how the ecological value of forest resources conversion into economic value and increase the income of farmers and operators,while the introduction of honest mechanism,updating the concept of the use of resources,thus forming a reasonable structure,high quality and efficiency of modern forestry system,now we need to solve the problem is to realize the harmony and unity of forest property right economic value,social value and ecological value,but also has important theoretical and practical significance.
Keywords/Search Tags:forest right, ownership, usufructuary right, forest right transfer, ecological compensation
PDF Full Text Request
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