浙江省非公有制林业发展的法律问题探讨

Legal issues of development of non-public owned forestry in Zhejiang

非公有制林业是现代林业发展的必然方向,是实现全社会投资兴办林业的一个较好途径。通过对浙江省非公有制林业发展的现状分析,指出已有非公有制林业法律地位不明确、非公有制林业物权权利人的权利未得到有效保障和山林权属不稳定、山林纠纷多发等主要法律问题。提出了浙江省非公有制林业发展的法律对策:①明确非公有制林业的法律地位;②深化改革,健全物权制度;③稳定山权和林权,切实加强山林权属争议调处工作。

Non-public owned forestry is a necessary trend of moden forestry development and a feasible approach to the realization of developing forestry industry through social investment. Several legal issues such as the improper definition of private-owned forestry's legal status, the insufficient legal protection of the subject of forest real right, the unsettled ownership of mountain forest, and the frequent occurrence of disputes on mountain forest ownership, etc. were pointed out. A series of legal solutions including clarifying the legal status of non-public forestry, strengthening the real right system, settling the ownership of mountains and forests, investigating and solving the disputes on mountain-forest ownership were put forward to facilitate non-public forestry development in Zhejiang Province.