Legislation Problems And The Collective Assessment Of Forest Resource Assets

With the deepening of China’s reform of collective forest right system, the transfer of forest ownership and forest land use rights, sale, joint venture, shares, joint ventures, mortgage, lease and other guarantees and economic behavior have become increasingly frequent. Forestry industry and the restructuring of property rights, are inseparable from property transactions, and property transactions normally need to protect assets evaluation system. Collective forest resource assessment is linked collective assets Forestry and forest rights trading market is an important bridge. Fair measure of collective forest resource assessment and economic, ecological and social benefits, need strong support asset evaluation system. Based on this study to assess the system construction of great significance for the specification and the necessary assets of collective forest resource assessment and promoting forestry property transactions, forest ownership mortgages.China’s current system of forest resources asset evaluation assets mainly state-owned forest resources assessment based. But the collective assessment of forest resource assets in the assessment object has its own peculiarities, evaluation and other aspects of nature, can not fully apply the relevant practices of state-owned forest resources assessment of the assets. Specifically:My date has not yet issued a nationwide including collective forest resource assets, including asset valuation resource management laws and regulations, resulting in the reality of management anomie; yet to establish a collective of complete assessment of forest resource assets management organization system, resulting in chaotic management; existing assessment regulations and technical specifications and evaluation practices of touch, can not be effectively applied, resulting assessment mere formality; collective forest resources asset evaluation agencies qualifications, professional ethics and responsibility standards are not yet clear assessment norms, and so on.To protect the legitimate rights and interests of forestry operators, promote the circulation of collective forest resource assets, the need to further establish and improve the system of collective forest resources asset valuation. The establishment and improvement of the system need to establish the value of forest resources in the general theory, system theory and institutional change and development over the supply demand theory, and external systems to improve forestry property rights system, institutional asset management and other environmental resources support. At the same time, more needs to establish a new system from a legal perspective, to provide a legal basis and guarantee for a good run system of collective forest resource assets. For a series of legal problems of collective forest resource assets exist in the current assessment, in a clear evaluation system of collective forest resource assets constructed on the basis of objectives and principles, should seek legal way out from the following aspects:the external institutional environment, should improve the collective forest resource property market access mechanism to the laws and regulations in the form of clear property rights, property rights object and trading rules; in evaluating management regime should be unified management agencies, government regulators to build and service providers, rating agencies, and industry self-management personnel model, strengthen the collective assessment of forest resource assets supervision and management consultants; in assessing liability system, clear responsibility to assess and improve accountability mechanisms, to build a complementary system of civil liability, criminal and administrative responsibility system three-pronged system of systems, in particular to strengthen the assessment of administrative personnel accountability.