Study On The System Of Paid Use Of State-owned Forest Resources In China

Paid use of state-owned forest resources refers to the paid acquisition of the right to use state-owned forests,woodlands,forests and forest environmental resources,and the system of state-owned forest paid use refers to the system that state as the owner of forest resources granted the right to use various types of forest resources to those who demand the resources and receive compensation for the use of forest resources on the basis of asset management of state-owned forest resources.The basic basis for the paid use of state-owned forest resources is that as a quasi-public product,state-owned forest resources can achieve internalization of external costs through competition and prices in market mechanisms,then form a reasonable and effective resource cost allocation mechanism to achieve the purpose of maintaining and adding value to state-owned forest resource asset management.At the same time,the "government failure" caused by excessive state-owned long-term interference in the allocation of state-owned forest resources also requires the emphasis on the marketization of resources and resources on the basis of the assetization of forest resources,the State should transfer part of its ownership rights to resource demanders by the rights-to-use system to obtain financial revenues to make up for the expansion of forestry development funding gap to provide material security for the management and protection of state-owned forest resources and promote the sustainable development of state-owned forest resources.China has not yet formed a truly paid state-owned forest resource use system.From the angle of analysis about legislation,there are currently very few and messy legal norms that are directly related to the paid use of state-owned forest resources,from the analysis of specific systems,there are certain problems in the subject,object,method and price of system of state-owned paid use of forest resources.Firstly,the independence and inconsistency of the ownership mechanis which resulted in the property rights of management of state-owned forest resources be replaced by administrative management,and the state-owned forest resources control rights and income rights obtained by local governments,the mainstay of state ownership was overrun.Secondly,economic entities other than state-owned forest farms are hard to participate in the state-owned forest resources compensation use mechanism,and the fair competition rights of resource demanders are impaired;and those who already have access to the use of resources believe that the cutting quota system greatly limits their use rights benefits.The realization of resource users'autonomy is limited.Furthermore,due to the lack of definition of scientific authority and unreasonable classification of forest resources in the rights of use of forest resources,the scope of paid use of state-owned forest resources in China is highly ambiguous.In addition,blindly applying to the system of paid use of collective forest resources leads to an unreasonable way of realizing ownership of state-owned forest resources in China.For example,mortgages and contracting are all in violation of the objectives and basic principles of state-owned forest resources for compensation.Finally,China's state-owned forest resources paid use price calculation ignores the regeneration costs and ecological costs of forest resources,and the non-uniform coverage of paid fees can easily lead to the loss of national forest resources.In response to the above problems,China should improve the forestry legal system and clarify the legal status of the paid use system of forest resources in the Forest Law.At the same time,the "State-owned Assets Asset Management Law"should be formulated to clarify that the state-owned forest resources should be used for compensation and should comply with the nature of state-owned resources for benefit sharing,the principle of ecological priority,and the principle of maintaining.Specifically,first,build an independent and unified mechanism for the ownership of state-owned forest resources.The management of property rights should be separated from the government forestry management department and be granted to an independent forest resources property exercising agency.According to the principle of vertical management,a local ownership exercise agency should be establish,to distribute the specific authority of all levels of ownership institutions,form an efficient and unified ownership hierarchy.Second,build an open and fair market participation mechanism.The resource competitors of state-owned forest resources shall meet certain basic conditions such as capital,professionalism,and credit to ensure that they have the appropriate resource use capabilities.It also clarified that fair and transparent auctions are the basic method for the participation of resource demanders in the competition of commodity forest resources,bidding as the preferred method of competition for public welfare forest resources,and consultation as a supplemental method.Third,to clearly define the scope of paid use of state-owned forest resources,clearly define the right to use state-owned forest resources,clearly include intangible assets in the scope of paid use,and reclassify state-owned forest resources according to the principle of classified management.Furthermore,the lease,transfer,and contribution of state-owned forest resources are the basic ways to realize the ownership of state-owned forest resources.In the reform of state-owned forest farms,the relationship between the forest farm and the country is defined primarily through authorized operations.Finally,improve the price mechanism for paid use,clarify the basic elements of resource value and the composition of the lowest resource price.On this basis,the rents,profits,and fees generated during the paid use of state-owned forest resources should be strictly distinguished,and the part of the profits and fees that belong to the price of forest resources should be independently included in the resource price,so that the harmonization of paid-in-use prices can be unified and the rights of the owner can be safeguarded.