The Research On The Saturation Value Of Forest Land Use Rights’ Path And Mechanism

Nationwide collective forest right system reform began in2003.In2007，it can be developed inchina.Its strategic significance of China’s forestry development can be changed from timber productionto forestry ecological construction first, pay attention to the modern of the forestry transformation basedon economic value and ecologic althe value both, to establish the foresters equity security andsustainable forestry development and a win-win forestry management mechanism. Leaning back in theprimary stage of socialism in China’s basic national conditions, to establish the legal regulation of therights and power to achieve the key to the success of forest tenure reform, forest land use rights overforest resources particularly.In view of the foundation position that the woodland take in the reproduction of forestry，The useright of woodland in the forest right system is especially significant. However, China’s forestry law lackof the defined right in the woodland use. During practice, the absence of power in forest land use is amore common phenomenon. Based on the influence of the forestry policy in different developmentstages of countries, economic and ecological value of land use rights has been limited to some degree,not to mention realize the implementation the value of forest land use, and achieve the extreme balancein benefits of economy and ecology.“The Saturation of the forest land use rights’ value”, it is the first time to introduced into theproperty right of forest resources theory as an overall concept. The Saturation of the forest land userights’ value take full account of the reasonable limits of the natural conditions and the level of scienceand technology of forest resources Area.As a sort of foundation,the comprehensive use of legal,administrative, marketing and other means to ensure the realization of the Capabilities of the forest landuse rights, to achieve the limit equilibrium of the ecological value, the economic value as well as thesocial value, in order to maximize the comprehensive benefits, and to promote the sustainabledevelopment of forest resources. With the further deepening of China’s forest tenure reform, the transfermortgage and equity, of forest land use rights, has arisen and get different levels of development, but theaccompanying is that a lot of the legal issues have to be solved in the realization of the forest land useright to process. In view of this，this paper discusses the rights of using forest land and general theory, toclarify the rights of using forest land, and the saturation value of saturated as well as the value of therights in using forest land of the theoretical connotation involved; Consider of China’s basic national conditions and forest land use rights of the forestry and to analyze the optimize allocation of productionfactors, seeking legal principles support and basis in reality for the saturation of the rights in using theforest land.And confirming the feasibility and necessity of its implementation; using empirical analysis,literature reviews, and other methods,at the same time,point out the backward the saturation processinvolving forest law, lack of ecological protection clause, the security system is imperfect legalpredicament and forest land use rights transfer confusion, unknown channels for relief, as well ashistorical factors and practical problem existing in using the forest land from different angles.Pursuanting to provisions of the Property Law of the People’s Republic of China "," forest Law"LandContract" concerned with forest laws and regulations on forest land rights.To analyze the internal andexternal causes, and determine the legal rights of the using rights of forest land and property rights, andthe principles and systems of property law as a basis of woodland to regulat and protect the using rightsof forest land, and come up with good opinions about an integration and innovation of the use of forestland.