我国集体林权流转制度分析及发展对策建议

Analysis of Collective-owned Forest Tenure Transaction System in China and the Measures and Suggestions of Development

随着林地承包经营权的落实,集体林权流转不可避免会出现大量的新情况、新问题,这对我们的认识直至制度设计提出了新的要求。我国有多部法律法规以及政策对集体林权流转作出了规定,并对规范集体林权流转发挥了积极作用。但是,从总体来看缺乏系统性、针对性,对林地承包经营权落实到户后出现的新情况、新问题缺乏指导性,甚至在有些规定上不同法律的制度设计存在分歧。集体林权流转在顶层法律制度设计上的空白以及模糊,加之地方政府招商引资,追求规模效应的驱动,在实践中出现了一定的无序性。针对存在的问题,规范发展集体林权流转的对策:一要加强顶层设计,在《森林法》等有关法律法规中完善有关制度设计;二要准确把握政府在集体林权流转中的角色。

Many new situations and questions occurred inevitably in the midst of the transaction of Collective-owned Forest Tenure, with the establishment of the contract user rights on forest lands, which bring new tasks to our understanding and the top-lever institutional design. The stipulation on the transaction of Collective-owned Forest Tenure could be found in several laws, regulations and policies and indeed had some positive effects on regulating the transaction of Collectiveowned Forest Tenure. However, due to a lack of systematicness and pertinence, these stipulations can hardly direct or guide the new situations and questions occurred during the establishment of the contract user rights on forest lands to the household. Disputes or principal difference even existed in stipulations of different laws. To a certain extent, the transaction of Collective-owned Forest Tenure is in disorder due to the lack of top-level design in law making, in addition to drives towards scale effects and the irrational pursuit to the capital investment introduction conducted by the local government. To address these problems, there are two strategies for regulating the transaction of Collective-owned Forest Tenure. First of all, enhance the top layer design, that is, to perfect relevant institutional design in the Forest Law and the like; secondly, the government should play a proper role in guiding the transaction of Collective-owned Forest Tenure.