Study On Protection Of Individual Ownership Of Forest Resource In China

Along with the implementation of policy of developing non-public forestry ownership energetically, improving ecological environment and accelerating the construction of forestry economics, the development of non-public forestry ownership meets the unprecedented opportunities, at one time, it brings forward new request and challenge to the resource and environment law system and administration system. Ownership of private forestry has been restricted; private forestry owner's investment can not be rewarded reasonably because that they are forced to immolate their economical benefits to change for the public ecological benefit; the rationality and justice of the government administrative behavior have been questioned and so on. Such these problems badly strike the people's enthusiasrti of planting trees, and baffle the Chinese forestry spanning development.Under this background, the paper chooses the "Niu Yuqin phenomenon", which is of universal and representative meaning, as the breakthrough point of study to discuss the correlative theory of protection of individual ownership of forest resource. It analyzes the deep-seated reasons of contradictions in this phenomenon, then, it tries to find out the available approaches to solve the problems. The study objective is to harmonize to the legal relations, which are involved to the individual ownership of forest resource; provide the consult to solve the idiographic problems; and play an active role to the development of forestry economics.There are four parts in this paper, the structure and main points are summarized as follow:Part one: introduce the "Niu Yuqin phenomenon" and three legal difficult problems, which have been opened out by the case.Part two: the chapter analyzes the reason of the conflict between individual ownership of forest resource and nation and collectivity ownership of that. It brings forward two available paths toward the shortcoming of the utilizing mechanism of forest resource right and law making system of forest resource: forest ownership transforms into property; reform and perfect the forestry property right system. At one time, it points out: forest ownership transformation into property mainly rests with the private forest ownership transformation into property.Part three: it analyzes the conflict of interest between the owner of forest resource and the ecological environment, and points out: the intrinsic reason of conflict of interest is that the forest resource takes on the twoness of economical interest and environmental interest; there aren't regulations in law to the systematic management of the forest resource. Then, it expounds three means to balance the rights and interests, and farther puts forward: the ecological forest of private ownership ought to have been permitted to circulate; protect the free dealing right of forest resource; the felling license system ought to have been applied conditionally and so on.Part four: the chapter analyzes the conflict between individual ownership of forest resource and the power of government administration. It expounds three factors that lead to the conflict, and puts forward to construct the expropriation and compensation system of ecological forest of private ownership, and that will interplay with the forest ecological compensation system to ensure the economical interest of owner of forest resource and protect the complete exertion of individual ownership of forest resource.