国有森林资源资产有偿使用制度探悉

A Viewpoint of Reimbursable Usage System on State-Owned Forest Resources

中国国有森林资源资产有偿使用存在法律制度尚未全面建立、管理措施滞后、有偿使用不规范、国有资产流失严重等问题,林权纠纷、流转制度缺失、流转全过程不规范、有偿使用收益分配不合理是造成这些问题的主要原因。为此,迫切需要明确有偿使用制度的范围、主客体和流转方式。通过分析发现,国有森林资源资产有偿使用范围包括用材林、经济林、薪炭林的林地使用权及其产品的使用权、景观使用权和林业碳汇权,特种用途林、防护林的森林景观使用权;木质林产品和非木质林产品的有偿使用范围包括林副产品采集权、林下经济种养殖权、林业碳汇权。国有森林资源有偿使用的主体包括国有林区(场)、内部职工、企业及银行等主体,有偿使用方式包括划转、授权经营、出资入股、转让、承包等方式。基于此,提出着力解决林权纠纷,保障国有林区(场)正常经营生产;多种方式解决国有资源资产流失问题;强化国有森林资源资产有偿使用制度支撑等建议。

Background State-owned forest plays a vital role in forest resources assets in China.The environment and function of state-owned forest had been changed with the deepening of reform and releasing a series of major policies.Before the mechanism and institutions of reimbursable usage system setting up for state-owned forest resources,there are such problems as incomplete establishment of law system,the lagging of management measures,seriously losing of state-owned forest resources,the value of forest resources assessment lack of scientific and so on in practice.So it is necessary to establish a scientific and reasonable state-owned forest resources assets reimbursable usage system,so as to deepen the reform of state-owned forest and implement major decisionmaking arrangements.Methods This paper analyzed the reasons,the extent of application and the mode of application for reimbursable usage system on state-owned forest resources generalizing and analyzing relevant study achievements.Results There are 3 reasons explaining for the issues occurred in reimbursable usage system on stateowned forest resources:Firstly,the forest property dispute affected the production,management and function of state-owned forest did not work better; Secondly,seriously losing of state-owned forest resources caused by lacking of circulation system and standardization; Thirdly,unreasonable benefits distribution of reimbursable usage system caused the losing of state-owned forest resources,because unreasonable benefits distribution would lead to the forest and workers failing to enjoy the country's many policy,so they have to transfer the state-owned forest resources to make up for forest production.In order to make sure the extent and the mode of application in reimbursable usage system on state-owned forest resources,through the analyzing results we know that:for goods timber forest,we could use the land use right,product use rights,landscape and forestry carbon sequestration rights in timber forest,economic forest,firewood forest; for public welfare forest,we could use the forest landscape use right in special use forests and protection forest(expect national defense forest,seed stand,etc.);for non-wood and woody forest products,we could use the gathering rights,economic forest species breeding rights and forestry carbon sequestration rights.State-owned forest areas,internal staff,corporate and banking body are the subject in reimbursable usage system on state-owned forest resources.The mode of application included transfer of compensation authorization management,investment shares,transfer,contract,etc.Conclusions and Discussion This paper put forward 3 suggestion:Firstly,governments should focus on resolving forest rights disputes to ensure the normal production and management.On the one hand,making a comprehensive inspection,verification and correction for state-owned forest rights through registration and certification; on the other hand,strengthening the mediation masses between state-owned forest and the surrounding.Secondly,governments should prevent the loss of state assets in various ways,Such as introducing of relevant solutions and suggestions at the national level to solve the transfer and loss of forest resources,increasing rectification efforts of the forest resources and identify all kinds of circulation,verifying the transfer issue of state forest.Thirdly,governments should build and perfect institutional to support reimbursable usage system on stateowned forest resources.Such as improving the forest law,developing forest resources assets reimbursable usage management approach,establishing hierarchical approval management of state-owned forest resources assets,strengthening the use of management,establishing scientific authority accurate asset evaluation system and stateowned forest farmland circulation supervision.