Study On Problems And Countermeasures Of Woodland Contracting Management

The forests, the main part of land ecosystem, play a vital role in maintaining ecological balance of nature, ameliorating ecological environment and safeguarding the ecological safety of national land. Further more, the forests are also an indispensable and important means of production in our country's socialist modernization, take an important responsibility for the support forest products.The contractual management of the woodland is paid close attention from law to policy, from General Rule of Civil Law and Constitution to Rural Land Contracting Management Law and law relating to rights over things, and this long and valid woodland contracting management rights was endowed peasant by law. Scholars have many different opinions for nature of woodland contracting management right, but the Property Law stipulate definitely the woodland contracting management right is usufructuary right, and it is established by woodland contracting agreement. Looking from the face, because it has included the property rights and usufyuct like the right of manipulation and fell, the woodland contracting management right law system of China seems like a complete real of right system. But actually, the woodland contracting management right is not a complete real right. There exists various special restricts, making the woodland contracting management right incomplete and thus causing many bad results. At the same time, there are some contractions during the contracting process.This article elaborated and analyzed these contradictions and the adverse consequences and then put forward the solutions.This article is divided into three parts, about 33000 words in total.This first part elaborates and analyzes the conflicts and consequences in the contractual management of the woodland. First, this article describes the conflicts, and then, elaborates the consequences of these conflicts.The second part analyzes the causes of the problems in the contractual management of the woodland in terms of the legal regulations. Above all, this article conducts a brief study of the legal regulations. Then, this article points out the problems existing in the legal regulations.The third part puts forward the legal response to the existing problems in the contractual management of the woodland. First, this article puts forward the legal principles that should be followed. Then this article puts forward some specific improvements of the regulations, which mainly includes two parts: the improvement of the contract agreements and the improvement of the managing system.