The Research Of Collective Forest Rights Transfer Legal Problem

The main content of the collective forest right system reform is on the premise of the collective forest land ownership unchanged, the forest land ownership rights and trees to the farmers, establish the subject status of management, fully mobilize the enthusiasm of the broad masses of farmers to develop forestry. This reform caused a strong reaction in the society, the farmers called "the third land revolution". Contracted to households of woodland and forest ownership has the right to the contracted management of long-term, property rights, capital, and circulation and so on four big features, this make hundreds of millions of farmers not only acquired a lot of production materials and timber assets, and solved the farmers, development of venture capital, financing and other major issues, and realized the breakthrough of rural finance, will greatly arouse the enthusiasm of farmers forestry development, greatly release of forest land, rural labor force and the great potential of forest resources, greatly promote all kinds of factors of production flow to the countryside, for the development of rural economy, the construction of ecological civilization into the strong driving force, to achieve the virtuous cycle of natural ecosystem and social economy system development play a fundamental role.The essence of collective forest right system reform is the determination and transfer of forest rights, by determining forest right clear property rights, to revitalize the assets through forest right circulation, make the forest resources in the process of forestry asset growth had increased and optimization, increase forest. As the collective forest right system reform deepening, the former rural collective forestland rapid appreciation of the sleeping and attract a large number of social capital investment, have sprung up around a hot "capital into the forest", the forestry economy get unprecedented development. In recent years, the forest right circulation market has preliminarily established, however in the theoretical research and practice of collective forest rights circulation has many problems, the specific performance for the theoretical research is relatively weak, to provide practical guidance significance is very limited, practical level circulation is not standard, the violation of flow related to the main body of forest rights often happen. The practice circulation, Hubei province, also exposed some problems that nots allow to ignore. This paper, taking Hubei province as the research object of collective forest rights circulation, based on the analysis about the present situation of collective forest rights circulation of Hubei province, summarizes the characteristics and the cause of the circulation of collective forest rights dispute directly; Through the influence of three typical cases, points out the problem in the system of Hubei province forest right circulation, and from the aspect of legislation, law enforcement level and the social service level makes a deep analysis of a problem; Finally, in view of existing problems, and puts forward the legal countermeasures of perfecting the system of collective forest rights circulation, in order to regulate the circulation of collective forest rights, to promote the harmonious development of the ecological forestry and the forestry of the people’s livelihood.