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FOREST RESOURCES WANAGEMENT ›› 2020›› Issue (5): 1-6.doi: 10.13466/j.cnki.lyzygl.2020.05.001

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Legal Protection of Property Rights of Forest Farmers under the Background of "Separation of Three Rights" of Farmland

ZHOU Bohuang1, JIN Beili2   

  1. 1. School of Jiyang,Zhejiang A & F University,Shaoxin,Zhejiang 311800,China
    2. School of Humanities and Law,Zhejiang A & F University,Hangzhou 311300,China
  • Received:2020-07-13 Revised:2020-09-18 Online:2020-10-28 Published:2020-11-30

Abstract:

Collective forest is a special form of forest resource property right in China.The development of collective forest circulation is closely related to the realization of the reform goal of collective forest right system.However,during the process of collective forest right transfer,the phenomena that forest farmers would lose their rights and interests or their rights would be damaged occur from time to time.To protect the property rights and interests of farmers,the study employs "separation division" method,and analyzes the feasibility of the separation flow and the practice of collective forest rights circulation. It proposes to improve related laws and regulations,clarify main parties of the property rights and build a system of collective forest land management rights in the new period. The study also aims to improve the government's guide role and legal countermeasures and suggestions of collective forest rights dispute processing mechanism.

Key words: separation of three rights, property rights and interests of forestry farmers, right to contract forestland, woodland management right, legal protection

CLC Number: