论林地承包经营权转让的条件

The Discussion of Transfer Right of the Woodland Management

林地承包经营权是一种用益物权。林地承包经营权人有稳定的非农职业或者有稳定的收入来源的,可以转让林地承包经营权。林地承包经营权转让之后,如果承包方丧失稳定的非农职业或者稳定的收入来源,有权收回已经转让的林地承包经营权。林地承包经营权的受让方不限于本集体经济组织的农户,还应当包括本集体经济组织以外其他从事林业生产经营的单位和个人。林地承包经营权的转让必须经过发包方的同意,但发包方的同意权在性质上应界定为监督权而非决定权,发包方不同意承包方转让林地承包经营权必须具有法定的理由,避免权力滥用。

The right to contract for management of woodland is a usufruct. The owner to contract for management of woodland can transfer his right if he has a stable non-agricultural employment or a stable source of income; he can also withdraw his right if he loss the stable non-agricultural employment or the stable source of income after he had transferred his right. The transferee do not limited to the farmer of the collective organization ,it also include other units and individuals if they are engaged in the forestry management. The transfer must acquire the assent of the contract letting party,but the consent is a supervision and not a decision-making power. In order to avoid the abuse of power,the contract letting party must have the statutory grounds if he do not agree the transfer to the right to contract for management of woodland.