商品林林权行使中的问题及解决

Problems and Solutions in the Exercise of Commercial Forest Rights

商品林不同于生态公益林,其具有商品资源属性,以利益最大化为经营目标。商品林林权具有私权基本属性,权利人追求的是商品林的使用价值,但同时,由于商品林的森林资源属性,商品林林权也受到了政府基于生态要求的行政干预和调整,具有公权内容。商品林林权人在权利行使过程中,面临着经济利益和生态利益的冲突,有关商品林采伐制度、商品林流转制度、商品林景观开发利用制度等方面还存在着诸多问题。文章针对商品林林权行使中存在的各种问题进行分析,提出确立商品林林权自由行使与政府适度干预相结合的原则,建议加强森林经营方案的指导作用、取消采伐限额制度、加强政府监管,逐步放权于商品林林权人。

Commercial forests possess properties of merchant resources; the purpose of operating them is to maximize benefits, which is different from eco-public forests. Commercial forest rights have the basic feature of pri- vate rights, people who enjoy the rights pursuit the use value of commercial forests. Meanwhile, commercial forest rights are confronted with governmental intervention and adjustment which are in view of ecological requests, and this makes them possess the content of public power as well. The rightful owners are facing conflicts between com- mercial benefits and ecological benefits during the use of commercial forest; there are also several problems in the systems of felling, circulation, scenery developing and utilizing, etc. This article analyzes the problems in the exer- cise of commercial forest rights; proposes the view of establishing a principle which keeps a balance between free use in commercial forest rights and reasonable governmental intervention; what＇ s more, this article gives out suggestions and solutions to these problems, emphasizes that it is essential to strengthen the directorial impact of operating schemes on commercial forests, abolish quota systems on felling, enhance supervision from government, delegate powers to commercial forest right-owners progressively.