湖南省双牌县林权改革法律分析
发布时间：2018-09-04 19:53
【摘要】：新中国成立以来,与全国各地集体林权制度一样,双牌县集体林权制度也经历了土地改革时期的农民土地私有制阶段,合作化时期的集体所有制阶段,“四固定”时期的调整巩固集体所有制阶段,以及“林业三定”时期的稳定山权林权、划定自留山、落实林业生产责任制阶段。这四个阶段的集体林权制度改革,是适应当时历史条件的改革,对推进林业和农村发展发挥了重要作用。但是,从法律视角来看,这些改革没有触及产权问题,存在产权界定不清晰,经营主体不明确,林地所有者与经营者间的责权利关系划分不明确,林地权属“四至”界限不清;林权权能缺失或不完整,收益分配制度不规范,集体林地所有权受到国家行政征用权的侵犯,林木处分权、收益权的残缺,公益林产权缺乏安全性以及林权流转市场化程度低等缺陷,没有充分调动林农的积极性。目前该县集体林权制度改革虽然经过了长期的探索和实践,但还需要继续深化、继续规范、继续完善。 2008年双牌县作为永州市深化集体林权制度改革工作的试点县启动林改工作,该县的林权制度改革开始向纵深方向迈进,并取得了许多成功经验,包括将林权初始产权的确认和林权的契约化流转与分配作为林权制度改革的突破口;赋予林权物权化的林业权能和利益的立体救济手段;收缩与规范政府对林权的干预等。但当前林权改革中仍然面临着产权关系不明晰,责、权、利不明确;林权权能不完整;林权流转机制不畅;林权经营方式有待进一步创新等法律问题,解决问题的根本出路在于赋予林权真正物权法的保护,即应当从明晰产权,完善充实林权权能,放活经营,规范流转,保障收益,配套改革等方面进一步推进全县集体林权制度改革。
[Abstract]:Since the founding of the people's Republic of China, like the collective forest ownership system in various parts of the country, the collective forest right system in Shuangpai County has also experienced the stage of peasants' private ownership of land in the period of land reform and the stage of collective ownership in the period of cooperative transformation. The adjustment of "four fixed" period consolidated the stage of collective ownership, as well as the stabilization of forest right of mountain right in the period of "forestry three fixed", delimited the period of self-retaining mountain, and carried out the stage of forestry production responsibility system. The reform of collective forest right system in these four stages is a reform which adapts to the historical conditions at that time and plays an important role in promoting forestry and rural development. However, from the legal angle of view, these reforms have not touched on the property rights, the definition of property rights is not clear, the main body of management is not clear, the division of the relationship between responsibility and rights between owners and managers of woodland is not clear, and the boundary of ownership of forest land is not clear. The power of forest right is absent or incomplete, the system of income distribution is not standardized, the ownership of collective forest land is infringed by the right of national administrative expropriation, the right of forest disposal and the right of income are incomplete, The lack of security of property right of public welfare forest and the low degree of marketization of forest right circulation do not fully arouse the enthusiasm of forest farmers. Although the reform of the collective forest tenure system in this county has gone through a long period of exploration and practice, it still needs to be deepened and standardized. In 2008, Shuangpai County, as a pilot county in Yongzhou City to deepen the reform of the collective forest tenure system, started the forest reform work. The reform of the forest tenure system in this county began to move in the deep direction and gained many successful experiences. It includes the confirmation of the initial property right of the forest right and the circulation and distribution of the contract of the forest right as the breakthrough point of the reform of the forest property right system; the three-dimensional relief means of giving the forest property right the forestry power and the benefit; the contraction and regulation of the government intervention in the forest right and so on. However, in the current forest property right reform, there are still some legal problems, such as unclear property right relationship, unclear responsibility, right and interest, incomplete power and power of forest right, poor circulation mechanism of forest right, further innovation of forest right management, etc. The fundamental way to solve the problem lies in giving protection to the real property law of forest right, that is, we should make clear the property right, perfect and enrich the power of forest right, release the management, standardize the circulation, and guarantee the income. Supporting reform and other aspects to further promote the county collective forest rights system reform.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.63;D923.2;F326.2
本文编号：2223167
[Abstract]:Since the founding of the people's Republic of China, like the collective forest ownership system in various parts of the country, the collective forest right system in Shuangpai County has also experienced the stage of peasants' private ownership of land in the period of land reform and the stage of collective ownership in the period of cooperative transformation. The adjustment of "four fixed" period consolidated the stage of collective ownership, as well as the stabilization of forest right of mountain right in the period of "forestry three fixed", delimited the period of self-retaining mountain, and carried out the stage of forestry production responsibility system. The reform of collective forest right system in these four stages is a reform which adapts to the historical conditions at that time and plays an important role in promoting forestry and rural development. However, from the legal angle of view, these reforms have not touched on the property rights, the definition of property rights is not clear, the main body of management is not clear, the division of the relationship between responsibility and rights between owners and managers of woodland is not clear, and the boundary of ownership of forest land is not clear. The power of forest right is absent or incomplete, the system of income distribution is not standardized, the ownership of collective forest land is infringed by the right of national administrative expropriation, the right of forest disposal and the right of income are incomplete, The lack of security of property right of public welfare forest and the low degree of marketization of forest right circulation do not fully arouse the enthusiasm of forest farmers. Although the reform of the collective forest tenure system in this county has gone through a long period of exploration and practice, it still needs to be deepened and standardized. In 2008, Shuangpai County, as a pilot county in Yongzhou City to deepen the reform of the collective forest tenure system, started the forest reform work. The reform of the forest tenure system in this county began to move in the deep direction and gained many successful experiences. It includes the confirmation of the initial property right of the forest right and the circulation and distribution of the contract of the forest right as the breakthrough point of the reform of the forest property right system; the three-dimensional relief means of giving the forest property right the forestry power and the benefit; the contraction and regulation of the government intervention in the forest right and so on. However, in the current forest property right reform, there are still some legal problems, such as unclear property right relationship, unclear responsibility, right and interest, incomplete power and power of forest right, poor circulation mechanism of forest right, further innovation of forest right management, etc. The fundamental way to solve the problem lies in giving protection to the real property law of forest right, that is, we should make clear the property right, perfect and enrich the power of forest right, release the management, standardize the circulation, and guarantee the income. Supporting reform and other aspects to further promote the county collective forest rights system reform.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.63;D923.2;F326.2
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