集体林权制度改革中有关法律问题研究

On Legal Issues of Innovation of Collective Forest Ownership System

本文从集体林权制度改革的主要内容出发,分析集体林权改革中存在的法律问题。认为林权法律界定的关键在于明确林权主体、客体与内容;集体林权改革的法律内涵是明晰产权、放活经营权、落实处置权以及保障收益权;各种形式的林权流转都要明晰权责,在不违反森林经营的原则和有关法律、法规的前提下可进行抵押融资活动。本文提出加强法制建设需要制定林业可操作办法和借鉴国外经营规制,从而进一步推进林权改革。

Starting from the main contents of collective forest ownership, the paper mainly analyzes this ownership＇s legal issues. The key to the legal definition of forest ownership lies in the subject, object and contents clarification. The key to the rights and responsibilities of the subject of forest ownership lies in the clear property right, the management right, implementation of disposal right and security of proceeds right. The various forms of circulation of forest resources depend on the clear rights and responsibilities. The forest must be managed and play its ecological role on the premise of obeying principles of forest management and forestry rules. Meanwhile, the mortgage on financing should be carried out. At last, this paper ＇raises a viewpoint that strengthening the legal system by making exercisable regulations and using foreign management rules for reference, which is important to promote the innovation of collective forest ownership.