【摘要】 林权是森林、林木、林地所有权和使用权的统称,是以森林、林木、林地的占有、使用、收益和处分为内容的物权。当前的林权法律制度收益权实现途径、处分权的限制等方面存在不足,要以保障林权人利益为出发点,建立权属明晰、收益保障、流转自由、限制合理的林权制度。更多还原

【Abstract】 In this paper, the legislation relating to forest right in China was studied. Forest right refers to a collection of property ownerships and rights to use relating to forest, wood and woodland, which is fundamentally a property right to possess, utilize, profit from and dispose of the forest, wood and woodland. At present, certain defects remain within the legislation relating to forest right such as the realization channels for the right to profit and the restrictions on the right to dispose. Therefore, to safeguard the interests of parties entitled to forest right, efforts should be made towards a legal regime for forest right which provides clear entitlement identification, sufficient profit securing measures, free assignment mechanisms and reasonable restrictions.更多还原