论集体林地使用权的物权性质

On the Nature of Use Right of Collective Forestland

我国长期以来将集体林地乃至土地的权属性质在立法、司法实践中视作债权,由此引发出法律保障不健全等一系列问题。本文依据大量调查研究事实,分析了我国集体林地使用权的变动过程及其债权性质的缺陷,论证了应将其确立为物权的依据与意义,并对物权立法提出了若干有针对性的建议。

In the long term, the tenure features of collective forestland, even the land has been considered as the creditor's rights in the practice of legislation and jurisdiction in our country, which leads to a series of problems, such as imperfect law security, etc. This article analyses the changing process of the collective forestland use right as well as the defects of creditor's right, based on lots of facts from the survey and research. It also proves the basis and significance that the use right of collective forestland is real right, and puts forward several proposals for the legislation of real right.