Issue Studies Of The State-Owned Forest Right Circulation Law

Forest is referred to as the "lung" of nature, with the important functions of purifying air and beautifying the environment. Forest is the foundation of human survival. From ancient times, forest plays an irreplaceable role in the production of human life. However, with the explosive growth of our population, a large number of trees are excessively logged to meet the needs of rapid economic development. Forest resources are terribly destroyed, causing the original lush forest into a barren. Cities and forest regions which rely on forest resources as the main source of economy are facing unprecedented challenges. Economic development and people’s lives become difficult, so people begin to re-examine the forest resources. Yichun city, in Heilongjiang Province is the key state-owned forest region in our country, which is known as the motherland and red pine forest town’s reputation owing to its abundant forest resources and precious red pine trees. Since the founding of the initial stage (more than60years), Yichun has provided a lot of timber for the country’s economic construction and forest stock volume has dropped. After implementing natural forest protection project, logging was strictly limited. State-owned forest workers did not have the former economic sources, so the living standard was not as good as before. Approved by the State Council in2006, Yichun officially became the first national state-owned forest right system reform pilot city. There is no doubt that this breakthrough reform becomes a milestone in the history of the state-owned forest right reform in our country, and it has the same historical significance as the rural land reform, that is, the rural collective land household contract responsibility system pushed in Xiaogang Village Fengyang County, Anhui Province in the early1980s. Although at present state-owned forest right reform effect is significant in our country, the relative experience of forest right circulation is lacking, legal system construction is relatively backward and many problems about system and mechanism remain to be perfect and solved because our country is still in the primary stage of forest right circulation. The research object of this paper is the legal issues of state-owned forest right circulation. The full text is divided into four parts. The first part is introduction, mainly introducing the research background, research purposes and significance, research status at home and abroad and the main contents and methods of the research. The second part is the summary of state-owned forest right circulation, which introduces the cause of the state-owned forest right reform, the practical significance of the current situation and its reform. Reform of state-owned forest right needs forest ownership transfer urgently. It involves the forest property, state-owned forest property, state-owned forest right circulation and such as the generalization of the concept of more help to study the problems existing in the circulation of state-owned forest rights and perfect measures. The third part talks about the problems existing in the state-owned forest right circulation. It analyzes many problems existing in the current system from a legal perspective, including the absence of legal basis in state-owned forest right circulation, vague flow subject, restricted flow object, imperfect flow program and the circulation of legal system that is not sound, etc. The fourth part is about legal countermeasures that come up according to the problems existing in the state-owned forest right circulation on the basis of the existent research. This part develops the following aspects, mainly from modifying "forest law" as soon as possible, providing legal basis for the state-owned forest right circulation, clarifying flow subject legal identity, expanding circulation object, improving the legal procedure and legal system of forest right circulation and setting up the circulation of state-owned forest right law enforcement supervision mechanism and so on. This article analyses the existing problems of state-owned forest right circulation to strive to standardize and perfect the legal system of state-owned forest right circulation, use legal system to adjust people’s behavior, provide legal safeguard for the ordering of the state-owned forest right circulation, and promote the reform of state-owned forest right extensively throughout the country.