| The reform of collective forest tenure in our country’s26provinces(municipalities) fully opened, the reform relates to two key points and difficulties onthe road of the socialist construction-increasing farmers’ income and environmentalprotection, which is really a project benefits the country and the people’s livelihood.Forest right is the foundation and the core of the forest tenure reform, although "forestright" has become the loudest word in the public and media, the current reformmainly rely on forestry policy, the law is clearly not enough. There is no legal systemto safeguard, any reform to forward to deep end is only "a good dream", the reform ofcollective forest tenure is no exception. Thus, in the social background, people fullyresearch the reform of collective forest rights, from the Property Law and theEnvironmental and Resources Law research the forest right has a strong theoreticalvalue and great realistic meaning.The paper, in addition to abstract and note, the body nearly40,000words. Thepaper is divided into six parts. The first part is an introduction, which describes thebackground and significance of the topics, the present research situation and methodsat home and abroad.The second part is combing and viewing the existing legal norms and theoreticalresults about the forest right. In this part, on one hand, retrieving the Property Law,Forest Law, as well as other normative documents about forest resources and foresttenure reform, concluding that the basic norms in the forest is absent, then analyzesthe reasons for the lack of specification and consequences; On the other hand therelevant academic point of view to forest right on the comprehensive evaluation, andthen brought forward a scientific definition of forest rights.The third part discriminating the object of forest rights from the ecologicalperspective, compared the forest resources with the object of real right, in the physicalform is not very satisfactory, but the forest resources ecological value and itseconomic value there is not much different in essence, we can forest resources as a"conceptual objects". And they are common in the dominant, scarcity andserviceability with the object of traditional property rights. Therefore, the object offorest right shall be defined the forest resources.The fourth part focuses on the analysis of quasi-property nature of the forestrights. The part discusses strictly follow the forest rights–real rights-usufructus-quasi-usufructus, that forest rights has the nature of usufructus, but also limitedby many of public authority, therefore show some properties of quasi-real rights, so should be positioned as an independent quasi-usufructus., and putting the forest rightinto the system of property law, also does not violate the principle of legal propertyrights, giving the forest right and quasi-usufructus great practical significance..The fifth part from the rights and obligations to discuss the content of the forestright. Firstly, reviewing several academic representative of the contents of forest right,and then combining rights should have independence, variability, convenient right toregister three specific standard, dividing it into forest land use right, forestmanagement rights and forest ecological environment management right.The holderof forest right in addition to enjoy the corresponding rights, have to bear thecorresponding ecological obligations. The content of forest right registration shouldbe the backbone of specific forest right, but different from other rights to register.The sixth part from coarse to fine expressing the legislation idea, norms modeand law about forest right，it is recommended to take a legislative mode that combingthe principles of property law provisions with specific provisions of the ForestLaw.The concrete system of forest rights construction should be under the forestsustainable utilization and ecological management The Forest Law should also betimely to make amendments, releasing the commercial forest harvesting quotasystem on the basis of the implementation of the forest and commercial forestclassification management, and set up a special chapter on the setting of the forestrights, the rights and obligation of its holders,the registration and protection of forestrights and so on,in order to achieve the seamless connection between the PropertyLaw and forest Law of forest rights. |
