论集体林权流转主体资格——以福建省集体林权制度改革为例

On Subject Qualification of Collective Forest Rights Transferring:A Case Study of the Reform of Collective Forest Rights System in Fujian Province

林权流转主体资格是确定流转行为是否有效的重要条件。依据福建省集体林权改革的实际情况,在确定流转主体范围的基础上,重点对农村承包经营户、联户的流转资格进行了分析和探讨。提出农村承包经营户流转资格的确定以林权证上的登记为准,联户流转资格以其法律性质的确定为前提。

The subject qualification of the collective forest rights transferring is one of the important conditions of effective transferring. According to the actual situation of the reform of collective forest rights system in Fujian Province, and on the basis of subject scope establishment of transferring, this paper analyzes the transferring qualification of the individual peasant household and the co-peasant household. The paper puts forward that the Certificate of Forest and Woodland Tenure Rights is the basis of the qualification of the collective forest rights transferring of individual peasant household. The qualification of co-peasant is based on the premise that the legal nature is established.