Research On The Protection Of Forest Farmers' Rights And Interests In The Transfer Of Forest Tenure

As a special industry,forestry not only has ecological value,but also can bring huge economic benefits to forest farmers.In recent years,under the leadership of the central and local governments,the reform of collective forest right system is in full swing,and various related policies and systems have been continuously introduced to ensure the deepening of the reform.The circulation of forest rights is one of the most important reforms in the reform of the forest rights system.Whether the forest rights can be successfully transferred is directly related to the realization of forest farmers’ economic rights and interests,and is also related to the overall advancement of the rural economic system reform.Whether the rights and interests of forest farmers can be effectively protected in the process of forest tenure circulation is a key indicator to test the success of the forest tenure system reform.This article will start from the perspective of forestry rights protection,based on the relevant theories of forest rights transfer,and through the disputes in the practice of forest rights transfer,summarize the current situation and cause analysis of forest farmers’ rights and interests damage in the process of forest rights transfer,combining theory and Actually give specific suggestions for improvement.The main content of this paper is divided into the following parts:The first part mainly introduces the background,purpose and significance of the research,mainly through literature analysis,normative analysis and case analysis,and through the comparison of relevant theories at home and abroad,to understand the relevant forest tenure transfer system,and prepare for further research.The second part focuses on the basic concept of forest rights circulation,which is mainly divided into three parts: forest land use rights circulation,forest land contract management ownership circulation,forest ownership circulation;at the same time,it will introduce the ways of forest ownership circulation in my country in practice,including transfer,Mortgage,shareholding and other transfer methods.The third part firstly analyzes the three cases of forest farmers’ disputes in the process of forest rights transfer in practice,and introduces the current situation of forest farmers’ rights and interests in my country’s forest rights transfer.It can be summarized as political democracy,economic fairness and Infringement and deficiency of social security rights.Secondly,it analyzes the reasons why forest farmers’ rights and interests are infringed,including the imperfect forest rights circulation system,the lack of ecological rights protection mechanism,the improper intervention of the administrative organs in the forest rights circulation,and the weak awareness of forest farmers’ own legal awareness and rights protection concepts of inadequacy.The fourth part will combine the literature and the disputes in practice to give suggestions and countermeasures that the author thinks is feasible,mainly including the improvement of the system related to the circulation of forest rights,the establishment of a protection system for forestry farmers’ ecological rights,and the regulation of the enforcement actions of administrative agencies.Give full play to the government’s service functions to guide and ensure the smooth progress of forest rights circulation,and finally enhance forest farmers’ awareness of rights protection and cultivate their legal concepts.