外国投资者投资集体林权资产的法律分析

Legal Analysis on Foreign Invested Collectively-owned Assets of Forest

我国林业发展历史错综复杂,随着近年国内集体林权改革的深入,随着物权法的颁布,随着针对外资并购展开的系列调控,在面临如何处理外国投资者投资集体林权资产的法律问题时,法律界人士通常都会感慨其相对复杂的法律关系。根据实践经验,应当尽可能地通过简化法律关系,从集体林权资产的主要类型、集体所有商品林地的承包经营权的确立和流转方式以及外国投资者投资集体林权资产的法律问题等三个层面,逐步对外国投资者投资集体林权资产的法律架构进行剖析,希望能够对林权法律体系的完善有所裨益。

The history of forest development of China is a long and raveled one. With the deepening of the reform on collective ownership of forests and the issuance of Law of Property, China has carried out a series of regulation and control related to foreign M＆A. When tackling issues concerning collectively owned assets of forest invested by foreign investors, people in law need to deal with complicated legal relationships. Based on practical experience and with an eye on the perfection of the legal system of forest ownership, the author attempts to simplify the legal rela-tionships involved in it and analyze the legal structure of foreign invested collectively owned assets forest from the following three aspects ： the main types of collectively owned forest assets, the establishment and transference of contracted management rights of collectively owned commercial forests and legal analysis on foreign invested collectively owned assets of forest.