| As important natural resources, woodland and forest play an important role in economic and social development, environmental protection in our country. But China’s per capita forest area is far below the world average level. While emphasizing on the environment protection, how to effectively utilize forest resources into our current socio-economic development is a challenge we are facing now. In order to solve this problem, it is essentially important to build a scientific and rational forest and forest-related legal system. Forest’s relevant legal system should be based on property right, yet it is under multiple constraints from civil property rights, administrative and environmental legal principle. There are many difficulties in its system design. Currently, forest legal system is far from perfect, and the academic discussion of the forest resource property rights has just started. Especially after the Property Law have been issued and implemented, there are certain deficiencies in legal convergence of forest property law. Hence, it is of great significance to comb their relationship and explore the existing problems. Based on the above problems, the author studies the historical evolution of forest legal system. Taking Yunnan forest field survey as basic materials, this paper analyzes the local forest right system, attempts to find out common problems of current forest legal system, hence to explore the solutions.Chapter one reviews the historical evolution of forest legal system in our country, briefly analyzes reforms and related features of forest legal at different phrases, pointing out the problem of frequent changing systems. Chapter two analyzes the current forest property right system in our country, and discusses the forest classification. It also discusses the current forest ownership, usufruct, security interest, property right alteration. Chapter three presents the Yunnan forest field survey. The author investigates six counties in Yunnan province, combining with actual case in practice, to analyze Yunnan forest’s current situation from several perspectives, such as formation of forest ownership, classification of its nature and purpose, forest registration, forest cutting, forest land circulation and forest mortgage, etc. Based on this, in the last part of this paper, from point of view of legislation and management, aiming at the existing problems, the author summarizes and presents his own idea. |
