Study On The Forest Right System

Forest resource is the main subject of terrestrial ecological environment and a treasury of natural resources, which is also the material foundation for forestry development and ecology construction. For the purpose of forestry industry, its operation object is forest resource, with the activities of protection, development and utilization of forest resources and targets for meeting the increasingly ecological, economy and social demands from people. Forest ownership system is an important part of a serial of legal systems of forest in our country. The determination of forest ownership system pays a very important role in the aspects of developing forest industry as well as motivating the initiatives of people to participate tree planting. To achieve that each forest has its owner, the owner has his rights, the right goes with its responsibility and the responsibility goes with its benefit so as to make the production relation of forest industry being applicable for its productivity development, which are necessary steps for identifying the potential from Three Forestry Issues, developing forest sector, vitalizing forest district and bringing prosperity for forest farmers. With the guiding principal of the general legal theory concerning property right, this article analyzed the legal nature of forest right by combining the legislation practices in China, advocated that the forest right shall be a kind of independent usufructuary right, and the most basic groundings for its legal protection derived from the Property Law. Based on comparison study, this essay gives a discussion of certain defects currently existed in forest rights system, and put forward various reasonable opinions for improving this system from several aspects.The first part is concerning the analysis of the definition of forest right system. Currently, there is no affirmatory definition in law for the forest right, thus people have different interpretations on it. The view supported in this paper is forest right being a kind of usufruct. The forest right is a usufruct which derived from forest resources ownership, and is attribute to a civil right obtained by the non-owners of forest resources by law through self-developing forest resources and gaining benefits from it. This section introduced the subject and object of the forest right and its content of the right respectively. This article believes that forest right is an independent usufruct, and is a new type of property right which has characteristics of public right. The achievement, operation and elimination of forest right are largely limited by public laws. Meanwhile, it is the right over another property and has natures of absoluteness, exclusiveness and domination itself, which determined its essence of private right. Such functions of right as occupation, use, benefit and punishment are all included in the forest right, which aimed at the forest right being a comprehensive right as a whole, instead of each specified forest right having these four functions.The second part is mainly concerning comparison study of the forest right system, which introduced relevant legal protection systems of forest right in the United States, Germany and Taiwan. From the aspect of practice, western countries have established their relatively perfect legal systems for forest right through right requirements for owners, users and other aspects related to forest lands and woods. In our country, it needs to implement specific legislation for the right category of forest resource, establish its legal position, improve its corresponding regulations and laws and develop a complete legal system for forest right.The third part mainly discusses the defects existed in our current forest right system, which included the defects from its legislation and management. Related laws and regulations in our country are incomplete. Although the Forest Law and a series of related policies regulated the forest right system, the forest industry of our country remains at a elementary development stage comparing with that of western counties, and relevant legal systems are imperfect. The exercise of forest rights by their owners were affected by the over intervention of the government. There also existed some issues such as unclear title rights, fabrication of forest right, overburden of forestry taxation and fee and unbalanced standards for collection of charges etc.The fourth part briefly expressed opinions to analyze how to improve forest right system. The complete forest right protection system shall be established in legislation, and the forest right system shall be incorporated into the range of adjustment of property right, which can enhance the stability of the forest right system and its legal position. "Possessions Make Perseverance" . The market running in forest industry shall be carried out while protecting the forest resources. Reforming the forest right system, improving the ownership of forest right and developing forest resource industry are inevitable choices for promoting the stable growth of forest economy, mitigating potential environmental crisis of forest ecosystem and protecting nature environment efficiently. Looking forward the arrangements for forest right system in our country will become more and more reasonable and scientific, making it suitable for the economical and social demands of our country at current stage.