Study On Circulation System Of Forest Property

Most of China's forestry laws and regulations were enact on the perspective of the administration, which has ignored the civil rights. Because of the unsound regulations, the unclean forest ownership system, the unstable empowerment and the irregularities of the Circulation System of Forest Property, which resulted in unbounded trees chopping in real life, the activity of planting and protecting trees is not high. Enthusiasm of forestry investment was inhibited. Forestry development lags behind. Based on the discussion on the nature and construction of Forest Property in the view of Economic Analysis of Law, it is concluded that Forest Property is a compound Real Right group which include the Ownership of forest woodland or forest trees and the Usufruct right of them. Circulation of Forest Property was one of transferences of Real right which almost is a change of the Usufruct subject .The method of Circulation of Forest Property includes Transference, Lease, Share, etc. Claim Formalism should be adopted in china in Circulation of Forest Property. Finally, it is proposed that Forest Property should be strengthened and the Circulation System of Forest Property should be established.Besides Preface and Afterwords, the dissertation can be divided into three chapters:Chapter 1 Overview of the Circulation System of Forest Property. In this part the concept of Forest Property was put forward based on the comparison to different theories. Then the nature of Circulation of Forest Property was analyzed and discussed on the subject, object, content, characteristics. The necessity and feasibility of Circulation of Forest Property was analyzed. Finally the history of Circulation System of Forest Property was introduced.Chapter 2 Contents and mechanisms of Circulation System of Forest Property. The contents of Circulation System of Forest Property include Usufruct Right of Woodland and Contracted Management Right Etc. Forest Property can circulate through many methods. Claim Formalism should be chose from three models about the Change of Real Right in Circulation System of Forest Property in china.Chapter 3 Defects and perfecting suggestions of the Circulation System of Forest Property. The defects of Circulation System of Forest Property which result in harm to the development of forest was analyzed on legislation and judicature. Reform and perfect the system of Circulation System of Forest Property: Firstly, it is necessary to change forestry legislation principle from Nation-Orientation to Individual-Orientation, strengthen the Real nature of forest and clarify the ownership; Secondly, some suggestions for reform and perfect the Circulation System of Forest Property was put forward in the aspect of Compensation of Public Welfare Forest, the Felling License and the principle, restrictions, procedure of circulation.