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On the reform of collective forest rights several basic legal system

Author: LiHongQing LiJiPing LvYong From: www.yourpaper.net Posted: 2010-06-02 00:30:45 Read:
Keywords: the forest right of collective forest rights of forest ecological benefit compensation limit of forestry tax
Abstract: to survey data of Hunan Zixing City as the basis, discusses the problems between forest tenure reform several forest rights, forest felling quota, forestry, ecological benefit compensation basic legal system and collective and content.Pointed out that the relevant legal system is not perfect, develop implement and application, policy measures lag is China's forestry development cannot break through its long-term development bottleneck, the main reason to hinder China's collective forest reform.
In 2003, the Party Central Committee, the State Council issued < decision on accelerating the development of Forestry) to make overall arrangements for the reform of collective forest right system.In 2006 2007, the Central Document No. 1, will be the reform of collective forest right system identified as the important content of deepening the rural reform and the major measures.Current topics of research has been fully implemented in all parts of the country or in the pilot reform of collective forest right system is the.Main problems and Countermeasures of current research mainly from the content of the reform, performance, existence.According to the deficiency of current reform of collective forest rights has several basic legal system and the reform of collective forest rights scholars and their content of production, combined with the actual research, pointed out that the fundamental reason to hinder the collective forest tenure reform in China is to implement and application of the relevant legal system is not perfect and the system, how to to further improve the relevant legal system to make a few suggestions.
1 on the legal system of forest right understanding of
Lin Quan is the foundation of forestry property right system, if the forest right itself, ambiguous definition is not strict, the establishment of a complete system of forestry property is impossible.According to the relevant provisions of Chinese law system, the forest right refers to the forests, trees and forest land ownership or use rights.The collective forest tenure reform at present, countries have introduced policy files have been pointed out, the collective forest tenure reform goal is to change the present situation of China's collective forest has long property right main body empty, the implementation of forest, forest, forest land ownership, right of use.In 2003, < CPC Central Committee and the State Council decision on accelerating the development of Forestry) on < and provinces have issued Interim Provisions; circulation of forest resources) are clearly pointed out, the object of circulation of forest resources is the forest, forest, forest land ownership or use rights.That is to say, almost all current forestry laws and regulations, policy regulation, forest and forest are two different types of resource ownership.According to our country (the Constitution), (Civil Law), (Forest Act) and other laws and regulations, forest resources can only belong to the state and collective ownership.As everyone knows, the forest is the basic unit of forest resources.According to general standards of forest definition: "the forest is a continuous area of not less than 0.067hm2, canopy density to stand more than 0.20".If Lin Nongda area contracted woodland planting, finally forming a large area of woodland reached everyone connected, recognized standards of forest.Forest ownership and forest resources can only be enjoyed by all farmers is contradictory state and collective can solve.According to the implementation of the entry into force of the < property law) of the relevant provisions, provisions such vague in fact deprives individual operators and the legitimate property ownership forestry.
According to the legal system of our country, the ownership of land can only belong to the state and collective.The essence of collective forest right system reform clear property right is the implementation of land use right and the ownership of forest.Whether farmers through contracted form, or other social investment main body through a variety of forest right circulation way forest is forest land right of use and depend on forest ownership of forest land.Just because of the state of forest ownership, namely the foresters and social investment main body of forest use, possession, disposal income, the attitude of uncertainty, leading to the relevant provisions of the vague.This is the long-term forestry development can not break through the bottleneck of its own, a key reason cannot get rid of dilemma fundamentally.
2 of forest felling quota system of law
Forest felling quota is China's < forest law) a basic legal system of forest resource protection provisions of the.The legal system is a theoretical and academic circles controversial topic [].Along with the reform of collective forest rights in promoting the comprehensive, China's property law < > implementation, the legal system is more controversial.Think of this system is one of the key factors that hinder the reform of collective forest.Some research even made it clear on commercial forest should be completely cancel logging policy, if the implementation of cutting quota, it is depriving the commercial forest producers property right of disposal.Undeniable, our current implementation of forest logging quota legal system does not adapt to the phase of many of China's forestry development, but as an existing basic legal system for many years just because certain aspects of the design is not reasonable to this conclusion, the author, beg to differ.Therefore, the author launched a full investigation of the farmers in Hunan in respect of legal system of Zixing city.Design the content of the questionnaire was "not disgusted forest logging quota system, now want to cancel the forest logging quota system?", in order to get a real and effective reflection.The survey was conducted in the absence of any forestry staff involved in the case, was directly to the farmers home take a random survey.A total of 137 valid questionnaires were received.Exceeding one's expectations are, of which only 39 of the legal system of objection, thought it necessary to cancel the law system.The rest of the 27 people on the system with no attitude, thought must adhere to the implementation of the legal system.Asked the reason, mainly has 2 points, one is now used to cut trees, to apply the tree cutting license; the two is about to cancel the tree cutting license, will appear on deforestation, forest suffered extensive damage phenomenon.The main reason is the low income, not stable, unscrupulous dealers temptation and various of unexpected situations, such as family conflict, natural disasters, such as the wind sways grass. The policy, if there is no corresponding constraint, even if not to the optimum harvesting period, to the immediate interests, forest farm will always cutting woods, resulting in the forest resources area of destruction.Lin Nong believes that the national policy now good, really considers for the farmer, or to the implementation of the cutting license system, giving the felling to constraint.
A system of any reform is carried out in the specific social historical conditions, can not be divorced from the specific national conditions, forest.China is a big country with scarce forest resources, the forest coverage rate is low, weak ecological function, it is undeniable fact.Protection and development of forest resources is always the core task of forestry work.Regardless of is the forest classification management and the reform of collective forest rights, must respect the objective facts, give play to the ecological benefits of forests in the first place.Giving play to the forest ecological benefits is to stand as the premise of existence.People are social people, anyone can not be divorced from society, can not go against the state, social person in the exercise of their legitimate rights and interests of the public interest.This is not only China's constitution, < < > > civil law; basic legal provisions, basic principles of restrictions on private right protection is a common practice in the world.In order to land, the national ecological security, appropriate restrictions on personal disposal tree power, and not in violation of the provisions of the relevant national laws.
At the same time, the policy is one of the main means of national macro-control, the people are familiar with identity of the felling quota law system, the index distribution using good, enthusiasm can inspirit farmers afforestation, silviculture, forest protection.In practice, due to the effective implementation of returning farmland to forest policy, the majority of farmers to the stability of national policy are full of confidence.The collective forest contract households, the enthusiasm of farmers planting is unprecedented.We conduct an investigation in Hunan Tang Heung Zixing City, there are many farmers put out, still can enjoy the national policy of returning farmland to forest subsidy, some still active to forestry station make afforestation deposit.The township farmers active afforestation area by 53hm2 in each of the past or now increased to about 133-200hm.Therefore, perform root cause and using policy also creates problems.
3 on the forestry tax system of
Our country forestry tax types, tax rate is high, the collection of non-standard, such as improper use is considered to be the main problem of forestry taxes and fees system in china.Especially the forestry heavy taxes has been considered to be one of the main reasons hindering China's forestry development, proposed relief, complete cancellation of forestry tax system.High taxes, high welfare is the ordinary people on the system of western developed countries, the most basic understanding of.Throughout the United States, Japan and other countries of the forestry tax system, but also in the national unified tax system, collection of forestry tax according to the forestry assets tax.In addition to develop national legal system, such as technical support, afforestation subsidies, low-interest loans, tax, investment in forest road construction, to support the implementation of forestry development.Encourage people actively engaged in forestry production, did not make special or special tax policies on forestry tax.The development of the forestry
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