Study On The Administrative Procedures Of The Collective Forest Rights Transaction

Administrative Procedure is the process of administrative power operation,when making administrative actions,the dynamic combination of steps,time limit,manner and order.The administrative procedures for the transfer of collective forest rights mainly include procedures for disclosure of information on the forest tenure circulation,procedures for registering forest rights,procedures for assessing forest resources assets,procedures for mediating disputes,etc.involving the development of forestry rights circulation prices,forest resources assessment,forest rights registration,and forestry.Rights transfer information exchange and other issues are directly related to the protection of forest farmers' interests.In the process of collective forest right transfer,the primary value of the administrative procedure is to guarantee government behaviors to ensure the procedural rights of forest farmers in the process of forest rights circulation,protect forest farmers' interests and promote forestry scale management.Therefore,the establishment and improvement of administrative procedures for the transfer of collective forest rights can optimize the allocation of forest resources,folly protect the interests of all parties,further improve the administrative efficiency of government departments,and promote the healthy and orderly development of the collective forest right circulation market.At present,the main legal basis of forest right circulation is Law of Rural Land Contract?Property Law?Forestry Law and local regulations and regulations.Of which,The relevant regulations of the Law of Rural Land Contract and Property Law mainly focus on arable land.The article 15 of Forestry Law is too simple.The current administrative procedure system of collective forest rights circulation is in a state of incomplete and incomplete disorder.The information disclosure process of collective forest right transfer information is not perfect,which causes the information asymmetry between the ransferor and the transferee;the lack of administrative registration procedures led to the reluctance of linong to apply for registration with the government,making regulation harder;the certification procedure is not standard,In particular,the surveying work in the demarcation field does not seriously lead to incomplete or even wrong content,it is easy to cause disputes over forest rights,incomplete asset appraisal process leads to damage to farmers' interests;it is not easy for farmers to protect their rights,hinder forest right circulation and forestry development.As the key link in the reform of the forest tenure system,the forest right circulation is directly related to the marketization of forestry and the success or failure of the reform of collective forest tenure system.The establishment of a sound administrative procedure system can ensure the normal operation of the forest rights circulation market.First of all,it is necessary to improve the procedures for publicizing forest rights circulation information,establish a complete forest rights circulation service platform by establishing county and village three-tier service and management networks,and strengthen the disclosure of forest rights circulation information,so as to provide market entities with information communication,mediation,entrustment,assessment,etc.Secondly,the procedures for the administrative registration of forest rights circulation should be improved,the circulation contract management and the supervision over the use of forest rights circulation should be strengthened,and consultation on forest rights circulation registration should be carried out.Thirdly,the forest tenure registration and license issuance procedures should be standardized,the review should be strictly carried out,the original file management must be strengthened,and the wrong registration compensation system should be established to ensure that the forest tenure registration is legal and effective.Fourth,the assessment procedures for forest assets should be improved,forest rights assessment firms established,professional assessment teams established through assessment of qualification examinations,and uniform assessment criteria established.Finally,the procedures for mediating disputes over forest rights circulation should be improved,the work system for the settlement of collective forest rights transfer disputes and emergency response mechanisms should be established,and the contingent of collective forest right transfer dispute mediation and arbitration agencies should be strengthened to resolve forest ownership disputes in a timely manner.