我国集体林权改革法律问题研究
发布时间：2018-09-13 08:56
【摘要】：林业是我国国民经济的重要组成部分,它对促进国民经济的增长、提高人民生活水平及维持自然环境的生态平衡都发挥着极其重要且不可替代的作用。随着经济的发展和人类社会的不断进步,一系列环境问题也日益凸显出来,森林所具有的独特的生态价值逐渐为人们所认识和重视,与过去主要追求林业对经济需求的满足相比较,现在人们更注重追求林业对社会生态需求的满足,林业已逐渐转变成为一项生态公益事业。 为适应新时期林业发展的特殊要求,解决现行林权制度存在的缺陷及不足,2003年6月,伴随着《中共中央国务院关于加快林业发展的决定》的颁布,我国新一轮的集体林权制度改革在福建、江西等省率先展开,拉开了新一轮集体林权制度改革的序幕；2008年7月,《中共中央国务院关于全面推进集体林权制度改革的意见》正式公布,《意见》明确规定了新一轮集体林权制度改革的主要内容、总体目标及相关的时间要求,集体林权制度及配套改革开始在全国范围内全面推开,集体林权改革步入了一个新的发展阶段。在改革中,我们取得了丰硕的成果,但同时也暴露出了许多问题。同时集体林权制度改革也成为理论界研究的热点。 本文正文共分为四个部分： 第一部分为绪论,主要介绍了本文的研究背景和研究意义、国内外研究现状及研究的方法和目的。 第二部分对林权、集体林权及相关概念和具体内容进行了全面辨析,得出了本文的行文基础。通过对国内相关学者观点的比较和总结,在对林权、集体林权及其构成要素等进行论证后得出本文的观点：我国林权的享有主体为“国家”和“集体”；客体为“森林”、“林木”及“林地”；集体林权的享有主体为“集体”；客体为“森林”、“林木”及“林地”。结合《物权法》的相关理论和相关法律规定,笔者认为集体林权是一束权利的集合而不是一项单独的权利,它是指集体对其所有的森林、林木及林地的所有权和使用权,具体内容包括所有权、用益物权及担保物权。 第三部分包括我国林权制度的历史沿革及新一轮改革实践的成果介绍,并分析了改革实践中所暴露出的法律问题,如：林地所有权的主体虚置,所有权和使用权主体之间的权利义务关系不明确；农户对林木的收益权、处分权受到了不合理的限制；集体林权流转及抵押制度存在缺陷；林权争议的解决机制不完善等。 第四部分是全文的重点,从法律的角度提出了完善我国集体林权制度的对策。内容主要分为四个方面：一是明晰林地所有权的代行主体,明确所有权主体及使用权主体之间的权利义务关系；二是改革现行采伐制度及公益林的生态补偿制度,减少对农户的林木收益权及处分权的不合理限制；三是完善林权流转及抵押制度；四是完善林权争议的解决机制。
[Abstract]:Forestry is an important part of our national economy. It plays an important and irreplaceable role in promoting the growth of national economy, improving people's living standard and maintaining the ecological balance of natural environment. With the development of economy and the progress of human society, a series of environmental problems have become increasingly prominent, and the unique ecological value of forests has gradually been recognized and valued by people. Compared with the previous main pursuit of forestry to meet the economic needs, people now pay more attention to the social and ecological needs of forestry, forestry has gradually changed into an ecological public welfare. In order to meet the special requirements of forestry development in the new period and to solve the shortcomings and shortcomings of the current forest tenure system, in June 2003, with the promulgation of the decision of the CPC Central Committee and the State Council on speeding up the Development of Forestry, The new round of collective forest right system reform in Fujian, Jiangxi and other provinces, opened a new round of collective forest rights system reform prelude; In July 2008, the opinions of the CPC Central Committee and the State Council on comprehensively promoting the reform of the collective forest tenure system were officially announced. The opinions clearly stipulated the main contents, overall objectives and relevant time requirements of the new round of collective forest tenure system reform. The system of collective forest right and its supporting reform have been pushed forward all over the country, and the reform of collective forest right has entered a new stage of development. In the reform, we have achieved fruitful results, but also exposed many problems. At the same time, the reform of collective forest tenure system has also become a hot spot in the theoretical circle. The text of this paper is divided into four parts: the first part is the introduction, mainly introduces the research background and research significance, domestic and foreign research status, research methods and purposes. The second part of the forest right, collective forest rights and related concepts and specific content of a comprehensive analysis of the text of this paper. Based on the comparison and summary of the views of domestic scholars, the author concludes that the main body of forest right in China is "country" and "collective", and the object is "forest" after the demonstration of forest right, collective forest right and its constituent elements. "Forest" and "woodland"; the main body of collective forest right is "collective"; the object is "forest", "forest" and "forest land". Combined with the relevant theories and relevant laws of the Real right Law, the author thinks that the collective forest right is a collection of rights rather than a separate right. It refers to the ownership and use right of the collective over all its forests, trees and woodlands. The specific content includes ownership, usufruct and security right. The third part includes the historical evolution of forest property right system in China and the introduction of the achievements of the new round of reform practice, and analyzes the legal problems exposed in the reform practice, such as: the virtual subject of forest land ownership. The relationship between the ownership and the right to use the rights and obligations is not clear; farmers' right to forest income, disposition rights are unreasonably restricted; collective forest rights circulation and mortgage system defects; forest rights dispute settlement mechanism is not perfect. The fourth part is the focus of the full text, from the point of view of the law to improve the system of collective forest rights countermeasures. The content is divided into four aspects: one is to clarify the main agent of forest land ownership, to make clear the relationship between the ownership and the right to use, the other is to reform the current harvesting system and ecological compensation system of public welfare forest. The third is to perfect the circulation of forest rights and the mortgage system, and the fourth is to perfect the settlement mechanism of forest rights disputes.
【学位授予单位】：昆明理工大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.6;F326.2
本文编号：2240671
[Abstract]:Forestry is an important part of our national economy. It plays an important and irreplaceable role in promoting the growth of national economy, improving people's living standard and maintaining the ecological balance of natural environment. With the development of economy and the progress of human society, a series of environmental problems have become increasingly prominent, and the unique ecological value of forests has gradually been recognized and valued by people. Compared with the previous main pursuit of forestry to meet the economic needs, people now pay more attention to the social and ecological needs of forestry, forestry has gradually changed into an ecological public welfare. In order to meet the special requirements of forestry development in the new period and to solve the shortcomings and shortcomings of the current forest tenure system, in June 2003, with the promulgation of the decision of the CPC Central Committee and the State Council on speeding up the Development of Forestry, The new round of collective forest right system reform in Fujian, Jiangxi and other provinces, opened a new round of collective forest rights system reform prelude; In July 2008, the opinions of the CPC Central Committee and the State Council on comprehensively promoting the reform of the collective forest tenure system were officially announced. The opinions clearly stipulated the main contents, overall objectives and relevant time requirements of the new round of collective forest tenure system reform. The system of collective forest right and its supporting reform have been pushed forward all over the country, and the reform of collective forest right has entered a new stage of development. In the reform, we have achieved fruitful results, but also exposed many problems. At the same time, the reform of collective forest tenure system has also become a hot spot in the theoretical circle. The text of this paper is divided into four parts: the first part is the introduction, mainly introduces the research background and research significance, domestic and foreign research status, research methods and purposes. The second part of the forest right, collective forest rights and related concepts and specific content of a comprehensive analysis of the text of this paper. Based on the comparison and summary of the views of domestic scholars, the author concludes that the main body of forest right in China is "country" and "collective", and the object is "forest" after the demonstration of forest right, collective forest right and its constituent elements. "Forest" and "woodland"; the main body of collective forest right is "collective"; the object is "forest", "forest" and "forest land". Combined with the relevant theories and relevant laws of the Real right Law, the author thinks that the collective forest right is a collection of rights rather than a separate right. It refers to the ownership and use right of the collective over all its forests, trees and woodlands. The specific content includes ownership, usufruct and security right. The third part includes the historical evolution of forest property right system in China and the introduction of the achievements of the new round of reform practice, and analyzes the legal problems exposed in the reform practice, such as: the virtual subject of forest land ownership. The relationship between the ownership and the right to use the rights and obligations is not clear; farmers' right to forest income, disposition rights are unreasonably restricted; collective forest rights circulation and mortgage system defects; forest rights dispute settlement mechanism is not perfect. The fourth part is the focus of the full text, from the point of view of the law to improve the system of collective forest rights countermeasures. The content is divided into four aspects: one is to clarify the main agent of forest land ownership, to make clear the relationship between the ownership and the right to use, the other is to reform the current harvesting system and ecological compensation system of public welfare forest. The third is to perfect the circulation of forest rights and the mortgage system, and the fourth is to perfect the settlement mechanism of forest rights disputes.
【学位授予单位】：昆明理工大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.6;F326.2
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