林业权的法律性质与立法安排

The Legal Nature of Forestry Right and Legislative Arrangement

由于我国法律规制力和自然资源特殊形态的制约,加之传统物权法理论对于林业权问题研究的不足,导致现阶段林业改革存在理论上的误区和实践中的争议。从合法性来源、概念上的称谓、性质上的诠释以及权利运作等方面来看,"林业权"是林权的重要组成部分,是一个权利的总称,是兼备用益物权和准物权的特殊物权类型。

The restriction of laws and regulations and the special shapes of natural resources in our country as well as insufficient study that the traditional theory of property rights law has made on forestry right result in the misunderstandings theoretically and controversies practically on forestry reform of present stage. The result of discussion on the source of its validity, the conceptual title, the interpretation of nature and the operation of right etc. shows that forestry right is an important component of forest ownership. It is a general name of right as well as a special type of property rights law which combines both usufructuary right and quasi-property.