Research On The Circulation System Of Forestland Contract Management Right

The protection of the environment has become a basic national policy of our country,but there is still a lack of implementation in the specific system.The forest's basis is forestland,and the ecological benefits and economic benefits of forestland contract management right are mostly antagonistic in practice and theory,and ecological benefits are always neglected.The study of forestland contract management right in the field of environmental protection is conducive to reveal the ecological value of forestland from the perspective of environmental protection.China's forestland contract management right system is built on the basis of the state ownership and collective ownership of the land,the circulation of forest contract management right has many restrictions under the legal framework of family contract and combination of unity and separation.With the development of the ecological concept of civil law and property law,and the proposed theory of "separation of powers",this paper has the theoretical and realistic basis for studying the circulation of forestland contract management right from the perspective of environmental protection.This paper puts forward the urgency and necessity of the combination of the circulation of forestland contract management right and environmental protection in view of the current policy of China and the existing environmental protection problems in our country.In this paper,firstly,the connotation of forestland contract management right is defined,and then the relationship between the specificity of forestland contract management right and environmental protection is expounded.Secondly,analyzes the role and the existing problems of the subject of circulation in the process of the circulation of forestland contract management right from the perspective of the contract-issuing party,contractor and the transferee.Then,according to the main problems of the subject legal regulation,we should implement the environmental protection responsibility as the contract-issuing party,from the procedure and substantive implementation of the Contractor's operational autonomy and the right to return and relax the restrictions on the qualifications of the transferee of the conclusion;Thirdly,from the perspective of environmental protection,this paper studies the various dilemmas of allowing the mortgage of forestland contract management right,the comparison of multiple forms of shares of forestland contract management right and the feasibility of their shareholding cooperatives,the dispute of "Continue to contract " and the succession in the theory and judicial practice of forestland contract management right,as well as different succession programs in the case of multiple successors,were investigated respectively.Finally,based on the analysisof the land management right in the mortgage,there are three kinds of special shares and inheritance transfer process problems,difficulties and legal fetters are presented to ensure the choice of law,economic benefits and ecological benefits of forest development coordination.First,the law moderately interferes with the realization of the mortgage;second,the protection of forestland in bankruptcy and dissolution;third,to take the "green" inheritance program of forestland contract management right.