Differential Law-The Historical Practice Of Forest Right System

The book based on the Zetang fieldwork of Shanzhuang town of Anhui Province for eight months.The study is "forest rights" category, the core of the problem is not the semantic analysis of "forest rights", not the legal construct of "forest rights" as well, but as the Practice of Chinese experience about" forest rights".This article, " Overall survival ethic" as research policy,Combine "national Perspective" and "civil perspective".by "the presence of type" field work, effectively find "local areas", "incident beam" as the starting point, put "forest rights"into clan, village, religion,law, village governance, markets, water and other general historical-cultural dimension, look at comprehensively the "legal" logic of the practice and reproduction of forest rights under the Huizhou cultural environmentSurvey showed that "forest rights" national law "expression" and the civil law "practice" have occurrence of departure, this is not only " Overall survival ethic" study background, but also" Overall survival ethic " practice, its mind is not the dual departure of "express" and "practice", but showed "law involution" of "forest rights practice "under "overall survival ethic" Environment, that is because between the rational rules of national law and order logic of civil law exist the cultural differentiation, resulting have laws but disorder. The specific performance is:the right of joint household registration forest stimulate forest rights disputes, the right to petition fights forest, gray forces mounted village, forest rights concentrated in a few capable, shock village governance, reduce legal authority, deterioration of ecological environment, birth of independent forest body, and so on.This article attempts to present several new findings:First, forest rights is only property "sign",at best is a "symbolic capital"; Second, as a "divided mountain", it is difficult to follow and implement Western-style form of property rights, or even cause forestry economic slow down and ecological benefits worsed; Third, foreign capital "broke into" villages (clans) community, it may be impact the rural areas governance and social stability in different degrees; Fourth, forest rights is difficult to achieve the "capacity to contract movement" alienation because of China's rural "social acquaintance", "Zu Mountain" will continue to be farmers "survival first" back garden; the five, "under" Overall survival ethic "Environment the "forest rights" practice will lead to "adjacent "property (such as water rights, mineral rights) reproduction. Sixth, the "law involution" resulted in the State Law and Civil Law "chimeric" practice during a transition period of China, it will effectively promote China's "response type" rule of law too.