森林权属的法律体系构造

《中华人民共和国森林法》关于权属的制度,面临着理论和实践中的重大问题。要构造完善的森林权属体系,不仅应该坚持以生态建设为重的原则,还应充分发挥森林的经济价值,增加权利的可转让性。为此,要在坚持主体标准的前提下,充实、完善客体标准,根据“二元主义”的模式,将权利细致化,改造现有的林地和林木所有权,清楚界定采伐许可证与林木采伐权之间的关系,取消运输许可证。

Structure of Forest Ownership

Both in logic and in practice, there exist some problems in the forest ownership prescribed by the Forest Act of the People' s Republic of China. To build a fine ownership structure, we need not only advocate ecological principles, but also bring the economical value of forest into full play, and increase the transferability of forest rights. Reliable criteria for those who can enjoy the rights and for those that can be targets of the rights and duties should be set up. Forest ownership should be detailed in accordance of a dualism model. Ownership of land and trees should be altered, the relations between permit of timber cutting and right of timber cutting should be delineated, and the permit of timber transportation should be revoked.