林权法律制度研究
发布时间：2018-09-11 06:55
【摘要】：森林权属问题一直是各国法制建设及研究中的一项重要课题,我国亦此。新中国成立至今,特别是全面推进改革开放以来,我国在森林经济市场化建设,集体林权制度改革方面取得了较大成就,走出了有中国特色的集体林权改革之路。集体林权制度改革对我国由计划经济向市场经济转型,对因过度采伐导致的生态破坏的恢复做出了重要贡献。但因法律滞后,体制的制约等原因导致的私有林权产权不明晰、经营主体不落实、经营机制不灵活、交易环节不畅、利益分配不均衡等问题仍普遍存在,制约了我国林业的发展。本文从以下三个方面对我国林权法律制度的构成及制度中存在的不足展开论述。 第一章林权法律制度概述。本章先从林权概述出发,阐述了林权的定义,林权的内容,林权的主体与客体以及林权的性质;然后从国内外近现代林权制度的发展沿革着手分析了林权的发展方向。 第二章从比较法看林权制度。本章分别从大陆法系及英美法系中选取了具有代表性的几个国家介绍了其在林权法律制度方面的可取经验。 第三章我国新型林权制度的构建。本章先提出了我国现行林权法律制度的立法缺陷,包括权属问题、林农资源调配不合理、林权流转中存在的问题;然后针对上述缺陷提出了更新观念,完善立法,建立严格的林权登记制度,创建多样化的林权经营模式,完善森林资源监督管理机制等构建新型林权制度的几点建议。
[Abstract]:Forest tenure has always been an important subject in legal system construction and research in China. Since the founding of New China, especially since the reform and opening to the outside world, our country has made great achievements in the market construction of forest economy and the reform of collective forest right system, and has taken the road of collective forest right reform with Chinese characteristics. The reform of collective forest right system has made an important contribution to our country's transition from planned economy to market economy and to the restoration of ecological damage caused by excessive logging. However, due to the lag of the law and the restriction of the system, such problems as the property rights of private forest rights are not clear, the main body of management is not carried out, the management mechanism is not flexible, the transaction links are not smooth, and the distribution of benefits is not balanced, and so on. It restricts the development of forestry in China. This paper discusses the constitution of the legal system of forest right and the deficiency of the system in the following three aspects. The first chapter is an overview of the legal system of forest rights. In this chapter, the definition, content, subject and object of forest right and the nature of forest right are expounded, and then the development direction of forest right is analyzed from the development of modern forest right system at home and abroad. The second chapter looks at the forest right system from the comparative law. In this chapter, several representative countries are selected from the continental law system and the common law system to introduce their experiences in the legal system of forest rights. The third chapter is the construction of the new forest right system in our country. This chapter first puts forward the legislative defects of the current forest rights legal system of our country, including the problem of ownership, the unreasonable allocation of forest resources, the problems existing in the circulation of forest rights, and then puts forward some new ideas to perfect the legislation. Some suggestions on the establishment of a strict registration system of forest rights, the establishment of diversified management models of forest rights, and the improvement of the mechanism of supervision and management of forest resources are put forward.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.63;F326.2
本文编号：2235943
[Abstract]:Forest tenure has always been an important subject in legal system construction and research in China. Since the founding of New China, especially since the reform and opening to the outside world, our country has made great achievements in the market construction of forest economy and the reform of collective forest right system, and has taken the road of collective forest right reform with Chinese characteristics. The reform of collective forest right system has made an important contribution to our country's transition from planned economy to market economy and to the restoration of ecological damage caused by excessive logging. However, due to the lag of the law and the restriction of the system, such problems as the property rights of private forest rights are not clear, the main body of management is not carried out, the management mechanism is not flexible, the transaction links are not smooth, and the distribution of benefits is not balanced, and so on. It restricts the development of forestry in China. This paper discusses the constitution of the legal system of forest right and the deficiency of the system in the following three aspects. The first chapter is an overview of the legal system of forest rights. In this chapter, the definition, content, subject and object of forest right and the nature of forest right are expounded, and then the development direction of forest right is analyzed from the development of modern forest right system at home and abroad. The second chapter looks at the forest right system from the comparative law. In this chapter, several representative countries are selected from the continental law system and the common law system to introduce their experiences in the legal system of forest rights. The third chapter is the construction of the new forest right system in our country. This chapter first puts forward the legislative defects of the current forest rights legal system of our country, including the problem of ownership, the unreasonable allocation of forest resources, the problems existing in the circulation of forest rights, and then puts forward some new ideas to perfect the legislation. Some suggestions on the establishment of a strict registration system of forest rights, the establishment of diversified management models of forest rights, and the improvement of the mechanism of supervision and management of forest resources are put forward.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.63;F326.2
【引证文献】
相关硕士学位论文 前1条
1 潘媛;林农权益保护视角下的集体林权流转制度研究[D];中南林业科技大学;2012年
，本文编号：2235943
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