“林权”概念的法学分析

Legal Analysis of Concept "Forest Right"

作为森林法核心内容之一,"林权"概念的确定,直接关系着森林法体系的构建。在传统概念法学模式下,林权被定义为仅体现经济价值的集束性权利。随着时间的发展,以"林"为客体的社会关系不断涌现,林权体现的生态价值与其他非经济价值需要被纳入其中。建议超越传统概念法学,从概念的类型化、多重价值的纳入等角度出发,重新定义林权。

As one of the core content of forestry law, the concept of ＂forest fight＂ has a close relationship with forest law system construction. In the traditional concept of law mode, the forest fight is defined as only reflect the economic value of cluster fights. With time, forest as the object of social relations constantly emerging, ecological values of forest fight and other non-economic value needs to be included into forest fight. Therefore, we should go beyond the traditional concept of law, from the concept of typing and multiple values to redefine forest fights.