Study On Legal Issues Of Collective Forest Tenure Reform In China

The reform of collective forest property right system is a very important part of construction new countryside. The success of the reform will make a great impact on the economy of countryside. Now our nation is willing to solve the problem of agriculture,countryside and farmers, to boost income for farmers, so it's more important to do a good job on forest rights reform. In some district of our country, the reform of collective forest property right is already in progress, and many of them have already made a big success. However, there are still failure and many deficiencies in the work. Our country is a socialist state which is different from many countries, so it's hard for us to find some experiences from other countries. We must get a lot from our own practice.With the exception of abstract and references, this thesis has approximately 40,000 words. The first part of the thesis is the introduction, which is about the writing and signality of this thesis, the current situation of study on the project, and the ways and means and purpose of research.The second part of the thesis is about the concepts of woodland,forest rights and so on. Through the comparison of academicians'viewpoints in our country, pointed out the viewpoint of my thesis: the subject of forest rights in our country is"nature person","legal person","country","collectivity"and"other organization". The object is"wood and land". Due to the"Property law of China", we can divide the content of forest rights into: proprietary rights,usufruct property rights and security interest on wood and woodland. Then introduces the history of the reform of collective forest property right system. Demonstrate the bionomics,economics and jurisprudence of the reform of collective forest property right system. Pointing out the reform of collective forest property right system is significative and necessary.The third part of the thesis is about the effect on the reform of collective forest property right system, then analyses the failure and deficiencies in the work. In order to introduce the effect, this thesis according to the course of the reform of collective forest property right system divides the provinces into three stages: starting stage, ongoing stage and complete stage. Pointing out that if it is appropriate, the reform will make a great impact on the constructing of new countryside. Then analyses the failure and deficiencies: The system of confirming and changing the forest rights is not perfect. The turning forest rights are not normative. It is not easy to deal a forests rights dispute. It is hard for farmers to get compensation on the natural disaster of forest.The fourth part of the thesis is the most important part in the thesis. This part pointing out the suggestions of how to perfect the reform of collective forest property right system when the reform is ongoing and completed. This part is divided into two parts. The first part suggests perfecting the guiding ideology and the fundamental principles of the reform of collective forest property right system. The second part is suggestions about the concrete idea of perfect the law. They are: To regularize the system of confirming and changing the forest rights. To regularize the turning system of forest rights. To consummate the law of forests rights disputes, the forest insurance system and so on.