An Economical Analysis To The Property Rights Of The Forest Resources

Nowadays, the shortage of forests and deforestation has become a prominent problem in environmental protection in our country. The existent system of the forestry property rights is the fundamental reason why the development of forests of our country runs out of control. The unclear line of the forestry property rights is the internal reason for the low efficiency of the allocation of forests and the ineffective protection of resources. Therefore, an effective and scientific legal system for protecting forests of our country must be made. Through the economic analysis of the protecting system of the forestry property rights from the perspective of law and economics, trying to protect the forests of our country maximally in terms of the designing of the system. The thesis consists of four parts.The first part is the comprehensive statement of the studies of the forestry property rights. With studies and practice, people increasingly realize that the arrangement of forestry property rights is closely related with the effective protection of forests. Unstable and unclear forestry rights is the crucial internal economic factors for the reduction of forests .The constant disputes ,overlapping or ignoring of the forestry property rights not only interrupt the reasonable management of forests ,but also interfere forest owners to invest in the management and protection of forests. Therefore, many scholars at home and abroad commit themselves to the studies of the arrangement of the system of the forestry property rights, making great efforts to solve the problems emerging in protecting forests in terms of policies. However, despite the achievements, many problems still remain unsolved.The second part is the analysis of the basic theories of the policies of forestry property rights. It begins with the general statement of the theory of property rights. Property rights is the rights and interests brought about by the people who gets interests or suffers from lost when making use of the scarce resources, including the right to own ,to use ,to control and to get income. The functions of property rights are as following: to define, which is the basic one, the second one is to encourage and to limit, which is to encourage the owner of property rights to make efforts by granting the property rights, the third is to allocate resources, which means that the arrangement of the system of property rights directly forms the situation of the allocation of resources, the fourth is the internalization of the external state, which is the transformation of property rights. The process can improve the efficiency of economic operation. Next comes the general analysis of the system of forestry property rights. Owing to the special attributes of nature, social economy and environment, forestry property rights have its own traits as a concrete property right, including limitedness, diversity of the owner of property rights, the correlativeness among the objective body of property rights, the complexity of the trade of property rights. The last part is the analysis of the evolution, present situation and deficiency of the system of forestry property right in our country. Looking back the historical changes of the system of forestry property rights in our country, it mainly experienced the revolution of land in 1950-1953, cooperative period in 1953-1956, people's community and Cultural Revolution in1957-1980, the diversified ownership of forestry property rights from 1980 till now. It can be seen that the transformations of forestry property rights and economic system are closely related with each other. Today, the regulation of forestry property rights of our country mainly can be found in "Constitution", "General provisions of the civil law", "Land Control law", "Forestry law". However, although on the surface the forestry property rights of our country is a complete system, actually it is an incomplete property right. The deficiencies lie in the unclear, incomplete and unscientific definition of property rights, the inexistence of the main body of forestry property rights, unclearness of property rights, inappropriate interruption of government, the incompleteness of related laws and regulations and market mechanism of the transformation of forestry property rights.The third section is the reference of the experience of the arrangement of forestry property rights in Germany and the United States of America. Germany succeeds in forestry construction in many aspects. Germany boasts a clear system of property rights, a reasonable arrangement of institutions, complete legal and managing system. What is particular is the effective function of forestry managing institutes at all levels. All theses are the important reasons for the sustained and healthy development of forests in Germany. Forestry industry in America is not only complete in regulations and laws, but also scientific in legislative procedures. Through a series of forestry laws and regulations, America made great achievements in rectifying the forestry ownership and strengthening management, protecting and expanding forests. Through the reference of the experience of Germany and America, I believe that our forestry property rights should not only straighten the relationship of property rights, establish secure and stable system of property rights, we should also clarify the function of government and lower the tax and fees, reduce governmental interference, allocate resources with the help of market mechanism, improve efficiency. Moreover, the government should grant certain supporting policies to promote the development of forests in our country.The fourth section is composed of several suggestions for improving the system of the forestry property rights in our country. The first thing is to optimize the structure of resource property rights, establish clear and scientific forestry property rights. Forestry property rights must be defined in a scientific and systematic manner, the wholeness of forestry property rights must be maintained. When defining the property rights, attention must be given to distinguishing the forests for public interests from those for trading. Forests must be operated according to their categories. Besides, a clear relationship of forestry property rights must be set up so that the rights to own and to operate can be separated. The second point is that regulate the main body of forestry property rights again. Practice has proved that only when property rights are given to a particular department or an individual can the rights and obligations of property rights be closely tied together. Therefore, the ownership of forestry property rights has to be defined again to comply with the principles of market economy and to promote forestry development. To all the state forests, its ownership of property rights include the central and local governments, state-owned forestry enterprises, therefore the rights and obligations of the three departments must be defined clearly. To collective-owned forests, they must be owned be the town, the village and the group. It is not only important to define that they are owned by collective members, most importantly, their right to gain profits must be defined through legal relations. The third point is to transform the governmental functions, reduce executive interference. When using the right to manage forests, the government should transform its functions in practical terms; choose what should be done and what should not be done. Reasonable policies of taxation should be made, unreasonable and illegal charge of fees should be cleared and eliminated so that the burden of forestry taxes can be alleviated in a practical manner. Reasonable forestry taxable item and tariff rate must be set up in accordance with the single law of taxation, fair charge of taxes and the principles which is beneficial for the development of forests. Supports must be given to the preferential taxation policies so that the rights to operate and to handle can be given to the operators. The fourth point is to construct perfect trading policies of forestry property rights. A scientific and complete system for estimating the assets of forests must be established so that various means can be taken to estimate the assets of forests in a scientific manner which complies with the value of market. We must make and perfect laws and regulations for regulating the trade of forestry property rights. Efforts must be made to realize the legalization of the trade of property rights. The system of macro-control of the forestry trading market must be improved to strengthen the supervision and management of the trading market.