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On the System of Forest Rights in the Context of Sustainable Development
Author: WangZhongYi
Tutor: ZhangZuo
School: Southwest University of Political Science
Course: Environment and Resources Protection Law
Keywords: Forest rights Sustainable Forest Property Forest environmental rights Protection of sexual rights
CLC: D922.6
Type: Master's thesis
Year: 2010
Downloads: 127
Quote: 1
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Abstract
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Forest resources are scarce, property and incomplete exclusivity. Based on the theory of property rights, in order to achieve efficient allocation of forest resources, forest resources should be made in accordance with regulations. However, the state-owned forest farm woodland and forest ownership is unclear, the collective land ownership dummy bit body still exists, that forest resources are still priceless ideological influence wider forest rights legal system needs improvement. Especially on the ecological functions of forest resources and their hosts self-purification capacity, carrying rights to limit the use of mechanisms such as the lack of effective protection and regulation of consciousness and legal systems. Causing serious damage to forest resources, their ecological function decline was evident. As Aristotle said: \1 how to define the rights and arrangements to achieve efficient allocation of forest resources, the market itself internalize negative externalities and re-market, is to achieve sustainable development of forest resources, the main problem facing. In this paper, only focus on theoretical research forest tenure system, and efforts to find a solution to our current forest right system for the existing measures for the practical problems writing ideas, integrated use benefit analysis method, system analysis, logical analysis and other research methods, on our theory, the concept and practice of forest rights on the basis of specific systems analysis, identify shortcomings, and put forward some reasonable proposals to systematically expand the ecological environment for sustainable development in the context of forest right system to establish and perfect exposition. In addition to the introduction and conclusion This paper is divided into four parts. The first part defines the concept of forest rights, forest rights of the subject, object and type. First expounded on China's current forest rights theorists extension of the concept that the scope of forest rights object existing differences, the \Then, on the basis of the analysis to identify shortcomings and recommend the connotation of sustainable forest ownership concept: forest ownership is legally entitled to the subject property forest resources and forest resources, ecological functions as the object of the environmental rights of the organism. It then discusses the connotation and introducing the concept of theoretical and legal basis. Finally, a new concept for forest rights on the basis of the definition of forest rights discussed subject, object and type. The second part is mainly described in the objective of forest property rights, environmental rights and forest protection of forest ownership rights legislation on the basis of the status quo, expand the forest right on our analysis of the status of the legal system. There are forest rights legal system is imperfect; national and collective ownership of the subject has empty spaces, usufruct power and security rights incomplete object too narrow; forest environmental rights legislation there is a blank; forest rights body association and the right decisions Debu to implement and so on. The third part discusses the theoretical context of sustainable development of forest tenure legislation values. Pointed out that future legislation should forest right system and the entire human society in order to achieve sustainable ecosystem justice, efficiency and orderly as the value orientation. The fourth part is proposed to improve the part, but also the focus of this article. First, that the protection of forest resources should be entered into a Basic Law and the ecological priority, classification management, coordination of interests, rights-based as a basic principle. Second, improve the rights of indigenous forest right system. Including a clear right to use state-owned forest resources; confirmation forest environmental rights; establish harvesting filing system; forest right mortgage expand the scope of the object; innovative forest environmental rights transfer system and so on. Third, improve the protection of forest tenure rights. Including the harmonization of woodland forest ownership dispute resolution procedures; indeed protect forest ownership rights of association and the main decision-making powers; establishing public interest litigation.
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