| Since 2003, the reform of collective forest property right system has been ongoing for nearly seven years, with a start of clear the property right, forestry operators to implement the right of disposal of the trees, relaxing control over forest management rights and the establishment of forest right platform, allowing farmers have the ownership of trees and forest land use rights transfer, sale, cash according to the law. Looking at this present, China's forestry reform, the results are fruitful, but also fully demonstrated the collective forest tenure reform enormous productivity and prospects. However, the practice of operation from the provinces reflects the content of forest tenure reform urgent need to further improve the relevant systems of collective institutional arrangements for the transfer of forest ownership is no exception.Although, many scholars has given great attention of collective forest property right system reform. However, as provincial and municipal district in the history of forestry reforms in the different specific operation, lead very different reality to different parts. To make pilot areas of research and case studies does not cover all the problems of the collective forest property system reform. So, this article will focus on one of the key collective forest area in south china, make the southeast Guizhou Miao and Dong Autonomous Prefecture As the object of study, to conduct empirical research of Qiandongnan the reform of collective forest property right system, against the local forest practice of reform in specific the existence and specific analysis of the problems faced by, and then proposed a complete set of forest property transfer in Qiandongnan reform of collective forest property right system.This article mainly resorts to combination of theoretical research and empirical research. Author paid fact finding visit and conducted interviews with relevant departments, collect first-hand information of forest property transfer, will focus on the issue from a realistic, typical case and the base of a theory to elaborate value and practical significance in the context of reform of collective forest property right system to solve the problems faced by transfer the right of forest. The main point of this article is:The first part, it is the origin of this issue. This part is to propose the issue and literature review. To establish and improve relevant systems of forest property transfer, to provide a clear legal basis for forest property transfer, In order to promote the orderly flow of forest property transfer, Beneficial to forest resource allocation optimization, continuously improve the efficient use of forest resources, create more value of social, economic value and ecological value.The second part:Analysis of forest property transfer in the reform of collective forest property right system of Qiandongnan. Mainly elaborated the background and status of forest resources, the transfer of forest law and policy basis for right now, and the significance of transfer of forest to reform of collective forest property right system. Qiandongnan is a "nine Shan and a half of water and a half hours field " mountain forests, The state's per capita forest area of 7.3 acres, is the per capita arable land area of 0.66 acres of the 11.2-fold. Although the results of reform of collective forest property right system are remarkable, but the sub-forest home is only the first step in the reform of collective forest property right system, reform of collective forest property right system goal is to establish modern forestry property rights system whit "property rights vested in a clear, business entities to implement, a clear division of responsibilities and rights, The strict protection of the interests, smooth flow specification, regulatory framework in place", because the transfer of forest can increase farmer income and increasing the level of forest management, can conducive to the protection of forest resources and expansion of forestry industry sources of funding. Forest property transfer not ring true change will greatly affect the performance and results of forest. At present, forest property transfer in practice is the prominent problems facing the lack of proper laws and regulations to support, it is difficult to effectively ensure the smooth transfer of forest property transfer alone some forest reform documents and measures of the local governments.The third part:Comments on Qiandongnan reform of collective forest property right system. Main discussion the current system of Qiandongnan forest property transfer, empirical investigation highlighted the issue of forest rights transfer carding etc. Up to now, in Qiandongnan the transfer of rights is mainly in accordance with national laws and relevant provisions. Qiandongnan forest property transfer approach mainly contracting and leasing, mortgages, shares, transfer, etc. However, the forest property transfer of China's current forest laws was very incomplete, the draft of Guizhou Province Transfer Regulations for Forests, trees and forest land is still being collected There is no specific provisions in light of the actual follow, for the forest property transfe has caused great inconvenience. In the field survey found that, the main problems of the forest property transfe in Qiandongnan collective forest right system reform are the following:First, forest ownership dispute to impede the forest property transfer. Prerequisite for the forest property transfer is that we must straighten out the relationship between ownership. However, the forest ownership dispute complex legacy of history between Inter-provincial, interstate, inter-county, inter-village and between individuals, mediation is more difficult. These forest ownership dispute are serious impact on indeed the right to change forest certification, have made the precondition for forest property transfe missing. Second, transfer of the right of collective forest land forest illegal operations, and risks exist. Some people use the power of the hands of irregular flow of resources, drilling in other ways the policy loopholes, against the interests of foresters have occurred from time. Third, the transfer of rights of foresters in the forest at a disadvantage in the interests is not reflect. And compared to foreign companies of forest, foresters has a small amount of money, foresters in the transfer of the right to competitive bidding of forest makes at a disadvantage, the interests can not be reflect. Fourth the national, provincial level, forest reform legislation introduced supporting policies lag, so that poor circulation of forest property transfer. As the lack of specific operational methods from top to bottom of the forest warrants mortgage and Forest assets insurance, County-level forestry sector are difficult to reconcile with the financial sector, The existing "Forest Resources Assessment Asset Management Interim Provisions" of the qualification requirements are too high, state, county, difficult to meet the existing qualification requirements, A strict quota system and the excessive logging taxes, makes Qiandongnan in advancing the practice of supporting the reform of forest ownership have emerged in the mortgage more difficult, assessment of forest resources and assets is difficult to carry out, foresters damage to the phenomenon of earnings, Thus affecting the work of the transfer of the right of the forest to carry out.The forth part:The idea of the legal system to improve the forest property transfer of Qiandongnan. This section includes ways to improve and perfect the forest property transfer Qiandongnan forest right legal system, how to draw on traditional ethnic, customary law and experiences at home and abroad and effective content. Specific comments, First, I believe that Qiandongnan is the minority-populated areas, Miao Dong people have created a long time and many good experience in forest ownership dispute. Useful elements of national habits should be reasonable to use to deal with disputes in order to maintain ownership of forest rights of forest, trees, woodlands and normal turnover, elements of this premise is indeed the right to make preparations. And in combination on the basis of regional characteristics, reference forest ownership dispute mediation mechanism to establish coordination mechanisms for forest ownership transfer dispute, as far as possible through the possible way of mediation to resolve disputes. Second, we must clear the following aspects from the transfer of the right of collective forest laws and regulations, (1) Speed up the transfer of forest rights legislation, to provide a clear legal basis for forest property transfer. Specifically, states may formulated on the basis of " Rural Land Contract Law ", "Forest Law" and "Property Law" draw up the " Forest Property Transfer Bill," or by the state forestry administration to develop " Forest Right Assignment approach". On this basis, the provinces and then local conditions to develop local " Forest Property Transfer Bill" (2) The establishment of forest monitoring mechanism of the transfer of rights and registration system, regulate flow behavior, writer believe that Qiandongnan monitoring the transfer of rights in the forest inhabited by minority nationalities in the light of local strengths, Private agreement and Walled Old to play a regulatory role walled, government regulation and civil regulation to establish a combination of complementary regulatory mechanism the transfer of forest ownership. The legislation also should provide a sound registration system for the transfer of forest ownership, make clear that the transfer of forest ownership can not apply for registration or the circumstances. Registration authority should publicly register the file, receiving inquiries from the public, the transferee in order to understand the right of transferring the authenticity and legality of forest. Third, establish a standard transfer of forest ownership market. First of all, we must improve the existing mechanisms for the improvement of the forest asset valuation, of compulsory assessment and voluntary assessments combining, in addition to the right to transfer the state-owned forest should be assets assessment of forest resources, other options should be given a certain autonomy, and can formulate preferential policies to encourage the existing assets assessment institutions to carry out assessment of forest assets business, and progressive development of professional forestry assets evaluation organizations. Secondly, we must reform the current system of forest harvesting and taxation, to solve the autonomy of forest logging, reduce the tax burden on foresters, for creating a favorable environment for transfer of forest right assignment. Fourth, improve the supporting measures, to promotion of forest right assignment. First of all, we must improve the existing system of forest ownership mortgages, The proposal draws upon the model of collective land property rights, Chengdu, Wen River Trading Center, government intervenes in the market for factors of forestry has been set up in the financing banks and guarantee agencies are incorporated, by the government's policy to ensure the forest right mortgage to carry out. Secondly, the need for the existing forest insurance system improvements, collateral for the right to carry, out forest protection. Third, we must implement a compensation mechanism for interest payments on loans.Qiandongnan Autonomous Prefecture is an important forest area in the south of China, and also being the place where minorities people live, it's an particularity of the collective-forest-reform to face the existing forest rights transfer system.I deeply feel that only by speeding up forest rights flow legislation, establish and improve the transformation of Forest Property Right System, can the people get rich by following the step of the development of ecological civilization.
|
PDF Full Text Request