关键词: 林权, 权属, 权能, 涉林资源, 生态补偿级差

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.

Key words: forest right, entitlement identification, ability of right, resource attach to forest, rank difference of ecology compensation