On The Perfection Of Individual Forest Right System In China

Since the issue of China’s private forestry right was raised during 1980 s, its framework has been basically shaped through the last 30 years’ reform and tying. However, due to the neglect of legal argument about private forestry right, there are different opinions on that right and the related legislation has constant conflicts caused by conflicting legal basis. The significant conflict is the different stipulation between 《Property law》and 《Forest Law》 on the contractor’s wood ownership in forestry and wasteland. The 《Property law》 stipulates that private forestry right is a kind right over other’s property, based on which to have the ownership on natural fruits and legal fruits, not on creative resultant of the contractor(the owner of right over other’s property). However, the 《Forest Law》 admits the contractor’s right over other’s property(the ownership of the woods) through contractual relationship. The fuzzy theory understanding and conflicts of laws, leads to public’s doubt over the legality of private forestry right and that the stability, sustainability and safety of private forestry right loses guarantee. Therefore, our national private forestry right needs to be argued and then supported from the angle of legal principle, and it is necessary to legally coordinate and unify the content of private forestry right, and also optimize the related protection and relief measures. Otherwise, the fuzzy understanding and legal conflicts will set obstacles for the reform on collective forestry right and its realization of predicted goal in 13 th 5-year-plan period.