我国林权改革视阈下林权的法律构造论——基于物权法和环境资源法的双重视角-on the legal structure of forest right from the perspective of forest right reform in china - based on the double perspectives of property law and environmental resources law.docxVIP

态义务。林权登记的内容应以林权的具体子权利内容为主干，而区别于他项权利内容进行登记。 第六部分从粗到细的对林权的立法理念、规范模式与法条表述进行了叙述，建议采取物权法原则规定和森林法具体规定相结合的立法模式。林权的具体制度 应在可持续利用与经营生态的价值理念下进行构建。森林法也应适时的作出修 改，应在实行公益林和商品林分类经营的基础上，放开商品林的采伐限额制度， 并设专章对林权的设定、林权权利人的权利、林权权利人的义务、林权的登记、 林权的保护等内容进行具体规定，从而实现林权在物权法与森林法之间的无缝对 接。关键词：林权改革；林权；森林资源；物权；用益物权；准物权AbstractThe reform of collective forest tenure in our countrys 26 provinces (municipalities) fully opened, the reform relates to two key points and difficulties on the road of the socialist construction -increasing farmers income and environmental protection, which is really a project benefits the country and the peoples livelihood. Forest right is the foundation and the core of the forest tenure reform, although forest right has become the loudest word in the public and media, the current reform mainly rely on forestry policy , the law is clearly not enough. There is no legal system to safeguard, any reform to forward to deep end is only a good dream, the reform of collective forest tenure is no exception. Thus, in the social background, people fully research the reform of collective forest rights, from the Property Law and the Environmental and Resources Law research the forest right has a strong theoretical value and great realistic meaning.The paper, in addition to abstract and note, the body nearly 40,000 words. The paper is divided into six parts. The first part is an introduction, which describes the background and significance of the topics, the present research situation and methods at home and abroad.The second part is combing and viewing the existing legal norms and theoretical results about the forest right. In this part, on one hand, retrieving the Property Law, Forest Law, as well as other normative documents about forest resources and forest tenure reform, concluding that the basic norms in the forest is absent, then analyzes the reasons for the lack of specification and consequences; On the other hand the relevant academic point of view to forest right on the comprehensi