我国林权有关问题评述

Comments on the Forest right in China

回顾了我国林权立法的历程，对林权含义进行了剖析。分析了林地使用权和林地承包经营权的联系和区别，指出在定义林权时，将林地承包经营权与森林、林木和林地所有权，森林、林木和林地使用权并列，作为林权内容是适宜的：提出了“林权属于物权，森林、林木和林地所有权属于自物权，森林、林木和林地使用权与林地承包经营权属于用益物权”的观点。

This article looks back to the history of Forest Pdghts laws' construction and makes a deep analysis to the concept of forest rights as well as relations and differences between forest servitude and forest contracting and operating rights. The author says it is appropriate to put the forest contracting and operating rights, the ownership of forest, wood and timberland as well as the right of use together as the content of forest rights when make the definition. In addition, he states the idea that 'forest right is a kind of real right, in which the ownership of forest, wood and timberland belongs to private real right while the right of use and forest contracting and operating right belong to benefit real right, moreover, the generation, modification or elimination of forest rights should be in accordance with the change principle of real right.