Research On The Legal Problems And Countermeasures Of The Forest Right Mortgage In China

At present,China lacks the design of the relevant legal system for the forest tenure mortgage,the connotation of the forest right is unclear,it cannot be accurately positioned in the property law,the social security function and the welfare of the farmland in China,and the connotation of the forest tenure The ecological public welfare nature of forest resources and the forest quota cutting system are the major factors that hinder the smooth progress of forest tenure in China.This article holds that forest rights is an independent type of usufructuary rights,and the principle of statutory rights of real rights in China should be easing.In the future,the property rights of the civil law code will set special regulations for forest rights;The object of forest rights is forest resources,forests The right structure includes the right to use forest land,forest trees,and forests,but not forest ownership;The land management rights in the “three rights allocation” specifically refer to the forest land use rights(forest land management rights).The right to use the property;Correspondingly,the scope of object of forestry right mortgage is the right to use forest land,trees,and forests;and the duality of farmland contracting mode to distinguish the useable rights of forest land is not scientific,and the difference between cultivated land and forest land should be distinguished.The social security function eliminates the restrictions on the securitisation of forest land use rights;The use rights of forest trees and forest land do not have to be mortgaged;The principle of movable property floating mortgage is introduced into the forest tenure mortgage to promote the mortgage to be completed more efficiently.Bring more financing opportunities;Change the cutting quota system into a post-examination review system,combine the cutting certificate and transportation certificate into one,and increase the mortgage rights more efficiency;On the ecological value of commercial forests for distinction,perfect single-line legislation related to forest resources,maintaining woodland forest use can not be changed,in order to achieve the maintenance of forest resources and protect the ecological environment to achieve efficient balance between the economic value of mortgage financing.