Research On The Reform Of Forest Rights System Under The Background Of "Separation Of Three Rights"

Our country has always attached importance to the reform of the system of forest right,the reform of forest right system has been embodied in two aspects: the main body reform is the clear property right,the supporting reform is much more complex,including the mortgage of forest right,forestry insurance and forestry cooperative management organization,etc.In 2016,The General Office of the State Council issued the About Improve the collective forest tenure system in response to many problems existing in the forest right system reform in 2008,such as unclear property rights,imperfect supporting facilities,and imperfect management service system.The opinions proposed that "separation of three rights" should be introduced in the forest right system reform,which means that after the reform of the forest land household contract system,The reform of our forest right system will usher in the another important adjustment and reform,which has the extremely vital significance in liberating our rural productive forces and promoting farmer’s earnings.This thesis briefly summarizes the research background,significance and reform status of forest right system at home and abroad,and probes into the reform of forest right system under the background of "separation of three rights" based on the central themes of this thesis.This article first defines the basic theory of the forest right,because the meaning of the forest right is not clearly defined in the current legislation of our country,therefore there are various interpretations in academic circle and practice.This article generalizes and analyzes the definition of various meanings of the forest right,and combining the nature of the forest right and the elements of the forest right,draws that the forest right is a compound right.This part also gives a brief overview of the five historical change stages of forest right system.Secondly,through the current situation of forest right system reform,it concludes that the subjects of forest right are not clear,the laws and regulations of forest right circulation are lacking,the registration of forest right is difficult,the power of forest right is incomplete,the compensation standard of ecological forest is low and the supporting measures of forest right protection are not perfect,etc.Finally,it puts forward corresponding suggestions to improve the problems arising in the reform.Due to the particularity and complexity of forest rights system reform in our country,the reform can neither copy the "three rights separation" of land,nor completely conform to the experience of foreign countries,neither forcing the sameness nor following the trend,so as to solve the problems left over by history and resolve the long-term contradictions in the reform.On the basis of solving problems left over from history,we should also solve new problems that have emerged,and take necessary consideration in institutional arrangements,policies and measures in light of these new problems.At the same time,the reform must be combined with the reality,according to the trend of social development,work out both scientific and reasonable forest right system reform plan,especially on the basis of clear forest right subject,do a good job in the reform of various supporting measures,in order to complete the reform goal,to achieve the collective forest right forestry development goal.