关键词: 林权流转, 参与主体, 权利, 职责

Abstract: [Objective] Forestry production factors such as the woodland forest property enter the market and improve the land utilization through forest property circulation, which push forestry sustained, rapid and healthy development, and meet the various forestry needs of national economy and social benefit. Forest property orderly circulation is inseparable from the rights and responsibilities of participation subjects in forest property circulation. It has already restricted the further development of forest property circulation for lacking of relevant provisions in existing legislation. Dividing and restricting the responsibilities of participant form the overall strength and close collaboration and cooperation among the competent forestry authorities, parties and the service department, for the purpose of promoting forest property circulation having a healthy and steady development in China, and protecting the function of forestry ecology. [Method] Forest property is a property attribute among the equal subjects while the rights of forest property or woodland are exchanged among citizens, legal persons and other organizations, which follow the autonomy, the honest credit principle and even bargain, thus both trade parties of forest property circulation are civil subjects, including the transferor and the transferee, whose rights should be defined from the perspective of civil law. It is public welfare to make the government's role become indispensable in forest right transfer, therefore, the competent forestry authorities ought to act as the administrative management subjects, and their functions should be conducted under the public law. Centers for forest property exchange are the service principals, who are temporarily guided by governments, but in the future they may turn to market intermediaries with the nature of civil law, and provide comprehensive transaction service platform. [Result] The transferors enjoy the right of transferring autonomy, the right of proceeds, the right of supervision on transferee management according to law, and the rights of recovering the forest right management when the time limit expires; the transferees enjoy the right of management autonomy, the right of disposing the operation rights, the right of compensation on the termination of the contract. In the circulation behavior management, the government takes the task of formulation market rules of forest right circulation, maintaining the market order, and promoting fair competition. The forestry departments shall also undertake these functions, which comprise guiding forest property circulation, constraining illegal behavior of forest property circulation, providing supporting services for forest property circulation, confirmation of the right and mediating the forest rights disputes. Centers for forest property exchange assume the functions which include providing intermediary trading platform for forest property circulation, supplying a service platform for forestry financial, furnishing follow-up services for mortgage, insurance and other woodland forest circulation, offering assessment for the forest resources assets and providing forest right registration service for the parties of transaction. [Conclusion] In order to realize the function of forest property circulation, it is necessary to coordinate the relationship of responsibilities among the parties, the competent forestry authorities and service department, mobilize the enthusiasm of the forest property circulation parties, free management right, implement the right of disposal, and ensure usufruct; the competent forestry authorities should play a leading role to supervise, guide, management, security, and maintain market order, and protect the legitimate interests of parties; centers for forest property exchange should play a service part to built a service platform on intermediary transactions, financial services, assets evaluation and registration for forest property circulation.

Key words: forest property circulation, participation subject, right, responsibility