Study On The Legal Atribute And Operating Rules Of Forest Landscape Utilization Right

Forest landscape utilization right is a new right derived from forest tourism practice.It refers to the right of civil subjects with forestry management ability and tourism management ability to use and benefit forest landscape resources,a special object of real right.At the same time,the main body of forest landscape utilization right must undertake the obligation of managing and maintaining forest ecological environment.Among the three usufructuary rights of forest resources stipulated in the Forest Law,forest landscape usufruct is a subordinate concept of forest usufruct,which is different in nature and rank from forest usufruct and forest usufruct.In addition,because the existence of the value of forest landscape resources is premised on the good operation of forest ecological environment,the right to use forest landscape can not coexist with the right to use forest trees and the right to use forest land,which includes the destructive power of cutting trees,but can coexist with other forest use rights that make non-wood use of forest resources.In the process of operation,the right to use forest landscape must take the sustainable development of forest landscape resources as the starting point,and at the same time balance the interests of the owners of forest resources and the owners of the right to use forest landscape.On this basis,eligible civil subjects can acquire the right to use forest landscape by creating,buying and selling,and investing in shares.They can also participate in the transfer process of the right to use forest landscape through auction,contracting,leasing,buying and selling,allocation and other legal provisions.When the right to use forest landscape is damaged,the obligee can seek relief through the right to claim real rights stipulated by law.