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Download Article Advances in Social Science, Education and Humanities Research, volume 290 2nd International Conference on Economic Development and Education Management (ICEDEM 2018) Legal Defects and Perfection of Collective Forest Land Property Right System Peifeng Huang 1, 2 1* 1College of Economics, Fujian Agriculture and Forestry Heliang Huang University 1College of Economics, Fujian Agriculture and Forestry Fuzhou 350002 University 2 College of Management, Fujian University of Technology Fuzhou 350002 Fuzhou 350118 Abstract—Since the promulgation and implementation of the property right structure and basic function of collective Forest Law, China has formulated and implemented a series of forest land, discusses the defects in the current legal norms for forestry laws and regulations to protect the development of collective forest land property right, and puts forward some collective forest land resources, and has been committed to countermeasures and suggestions to perfect the collective forest strengthening the security of collective forest land property rights land property right legal system, in order to provide policy by formal legal means. However, the subject of collective forest reference for further deepening the collective forest right land ownership is not clear, the right to use is not complete, the system reform. right to benefit is difficult to achieve and the right to dispose is limited. Therefore, we should further clarify the subject of collective forest land ownership, improve the rights to use II. PROPERTY RIGHTS AND INTERESTS collective forest land, establish a reasonable forest land value- Any property right contains the subject’s powers and added income distribution mechanism and guide the orderly interests. Power refers to the power or function of the subject circulation of forest rights so as to improve the collective forest of property right over the property, while interest refers to the property rights. effect or benefit obtained by the subject of property right through the exercise of the power of property right. Power and Keywords—Collective forest land; Property right system; Legal defects; Perfection of law interest are interdependent and indispensable, and there is an inherent unity between them. As far as the subject of property right is concerned, firstly interest is the purpose of the I. INTRODUCTION implementation of power, and the purpose of obtaining the From the point of view of economics, property right is right is to obtain the interest. Secondly, the right of property is essentially a bundle of rights composed of ownership, use right, the prerequisite and basis of the existence of interests, and the income right and disposition right. Economic property right is right can be beneficial. Thirdly, the interests are the result of the reflection of the objective existence of property relations, the exercise of power. The right can be beneficial. Finally, and must be timely recognized and protected by the form of conversely, interest is the condition that makes a power legal rights and the law. Since the founding of the People's become the content of property right, and interests is the right- Republic of China, China has promulgated a series of forestry- based. Otherwise, the power cannot constitute property rights related laws, regulations and policies, such as The Forest Law, and has no practical significance (Shao'an HUANG, 1995). and the definition of collective forest land property rights has Theoretically speaking, four property rights including been gradually rationalized and standardized. However, due to ownership, possession, domination and use right should have the relative backwardness of forestry legislation in China, the their own powers and interests. Every subject of property right relevant laws and regulations for collective forest land property needs to objectify his will on the object of property right, and rights are not so in-depth and detailed. Years of policy changes transform this will into a specific behavior, and obtain have led to the widespread problems of collective forest land corresponding interests through this volition zed behavior. property rights in China such as unclear boundaries, unclear Property right structure refers to the arrangement of the powers, unfair distribution of interests, so that it is unable to constituent elements of property right and its internal rights meet the principle of legal integrity and clarity of property among different subjects under the specific institutional rights. In addition, with the changes of the times and the background. The structure of property right is closely related to development of the society, in the implementation process of the function of property right, and the structure influences the collective forest land laws and regulations, some defects are function. The divisibility of property right bundle expands the gradually exposed, leading to the lack of legal basis in the choice of property right space and property right arrangement practice of forest reform, difficult to adapt to the current social (Biliang LUO, 2005), and the aggregation of this behavior and development. Therefore, starting from the basic rights and choice can reduce uncertainty, stimulate constraint, optimize interests of property rights, This paper theoretically analyzes Copyright © 2018, the Authors. Published by Atlantis Press. This is an open access article under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/). 358 Advances in Social Science, Education and Humanities Research, volume 290 the allocation of resources and use other functions to reduce costs, improve efficiency and increase investment or output (Zhigang CHEN, 2005). Any bundle of rights in a particular B. Incomplete Rights toUse Collective Forest Land group of property has an internal rights structure, usually with The implementation of the household contract two meanings: The first is what rights it consists of and how responsibility system creates a precedent for granting farmers they relate to each other; the other is the separation and certain limited rights, and establishes their rights of possession, combination of different rights (Shaoan HUANG, 1995). The utilization, income and limited disposition within the contract "four rights", namely, ownership, possession, domination and period (Zhongxing GUO et al., 2012). Therefore, collective use right, are only partitions in the general sense, and the forest land use right can also be called collective forestland powers and interests for any one of rights can be partitioned contractual management right. The Land Management Law of with more detail according to the needs. In reality, the splitting 1986 points out that collective or individual may engage in degree of property rights and the number of rights shall change agricultural, forestry, animal husbandry, fishing and other with the development of social division of labor. The more production activities on the contracted land according to the developed the social division of labor, the more detailed the provisions of the contracted management contract, and at the splitting of property rights, the more the number of rights, and same time, it is clear that the contracted management right of the more complex the structure of property rights. land is protected by law, and the contracted management right is elevated to legal empowerment. The General Rules of Civil III. ANALYSIS OF LEGAL DEFECT OF COLLECTIVE FOREST Law further clarify the specific content of the right of LAND PROPERTY RIGHT SYSTEM contractual management of land in civil law, but in judicial practice, the power of the contractual management right is not A. The subject of collective forest land ownership is not complete, and it is not clearly defined as a real right, and it is clearly defined more like a kind of creditor's right. The promulgation of The law on forestry property rights has not yet formed a Property Law defines the contractual management right of unified legal system, and the relevant legal provisions are also forest resources as usufructuary right, so that farmers can not lack of in-depth and detailed elaboration. The subject of only own, use and dispose of the contracted management right collective forestland ownership is regulated by the current law, according to their own wishes during the contract period, but but there are some differences in the expression of different also avoid too much restriction and arbitrary withdrawal by the legal provisions. Constitution and Forest Law simply define the contractor, enhance the defensibility of the contractor when subject of ownership as collective ownership, without further their rights are infringed upon, and provide stronger protection stipulating the specific owners of collective forest land, and no for the legal rights of forest farmers. However, in reality, the more detailed and clear norms can be found in Forest Law collective forestland contractual management right is not stable, Implementation Regulations. Article 74 of the General Rules of and the phenomenon of administratively unified land transfer Civil Law regulates that: "The property organized by the often appears. The property right nature is limited in China’s collective of the working people belongs to the collective of the land system, which is a kind of incomplete property right. working masses. Article 2 of the Land Administration Act also states: The People's Republic of China resorts to a socialist C. Collective forest land income distribution system is not
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