| A perfect forest right registration system can promote the realization of large-scale forestry resources and modern management objectives,while clarifying the ownership and guaranteeing the legal rights of forest tenants.Forest right registration belongs to the category of private law,which is mainly composed of two substantive elements including the right holder,the right object and the right content,as well as the procedural elements including the registration type and registration procedure.The registration of forest right takes the protection of the safety of forestry resources,the promotion of market economy development,the maintenance of forestry ecological balance and the guarantee of market transaction order as key institutional values.Our domestic forest right registration system has experienced several changes.When the unified registrati on system for real estate has been operating,it has officially entered a new period of system improvement.The current forest right registration legislation at the national level constitutes our national forest rights registration legal system with the fo rest right registration legislation at the local level together.However,in the practice of forest right registration in China,there are generally problems such as imperfect legal regulations,inconsistent registration content,unclear registration effectiveness,irregular registration procedures and supervision mechanisms,as well as the lack of registration relief systems.In order to connect the theoretical development and practical needs of forest right registration,based on the combination of the real estate unified design concept of registration system and practice status of forest right registration,we should refine and perfect the forest right registration system from the following aspects: First of all,construct the legislation system of forest right,and on the basis of adhering to the legislative principles of clarifying ownership,publicity of property rights,and protection of property right and interests,introduce a real estate registration law as soon as possible;at the same time abolish the specific operating methods of local forest right registration,as well as applying unified real estate registration law.Secondly,expand the content of forest right registration,add a new type of advance notice registration for forest right registration,and incorporate management right into the forest right registration system,while completely breaking through the registration principle of "forest-land integration",as well as returning the power of ownership to forest ownership.Thirdly,clarify the effectiveness of forest right registration,determine that forest right registration adopts the registration confrontation model,while grant forest right registration confrontation,credibility and presumption.Fourthly,standardize the procedure and supervision mechanism for forest right registration,unify the registration application model of "joint application as the principle,unilateral application as the exception" and examination mode of "formal examination as the main,substantive examination as the supplement".While rationally allocating the internal supervision power of the government,it is also necessary to strengthen the supervision of registration activities by power organization and whole society.Finally,the forest right registration and relief mechanism should be introduced to set the registration organization’s compensation requirements as a result of the erroneous registration situation and substantial damage caused by the fault of registration organization,while the scope of damage caused by wrong registration should be set as the scope of compensation.In addition,clarify the compensation procedure of reconsideration first and litigation later,so as to build a complete forest right registration and relief mechanism and realize th e system value of forest right registration. |
