非国有林权转让

Non-state-owned Forest Property Transfer

林木的所有权及森林、林木、林地的使用权可以转让。厘清非国有林权的静态支配关系是非国有林权转让的前提。林权的转让应实行自愿平等、兼顾效率和公平的原则以及有利于林业可持续发展的原则。林权的变动应实行登记生效主义,但是,是否登记不影响林权转让合同的效力。登记机构对林权的变动应进行实质审查,但是,对符合法定条件的林权转让,没有自由裁量权。

property ownership of wood and right to the use of forest, wood and woodland can be transferred. Making clear the relationship of static controlling no state- owned forest right is the premise of transferring no state- owned forest right. Voluntary and equal principle, principle of giving consideration to both efficiency and fair, principle being advantageous to sustainable development of forestry should be carried on while transferring forest right. Transference of forest right can be taken into effect only when transference of forest right is registered, however, whether the transference of forest right is registered doesn＇t affect execution of contract of transferring forest right. The registration origination should carry on substantive examination to transference of forest right, if transference of forest right conforms to legal condition, the registration origination doesn＇ t have the freedom to decide after deliberation the power.