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该文针对农村集体林权改革过程中有关法律的问题进行了探究,以提高农村经济发展水平和改善农村社会生态环境。在我国集体林权制度改革历史中,重新界定初始产权是历次集体林权改革都高度关注的核心主题。重点剖析了我国林权制度改革中存在的法律问题:缺少林权改革的相关具体立法及法律规范,林权纠纷问题多;经营者在林业生产受自然灾害损失时,得不到相应补偿。研究提出要秉持公开、公信、生态效益优先等原则,从林权、林权流转和森林保险等方面构建法律制度以完善林权改革。
This paper probes into the relevant legal issues in the process of rural collective tenure reform in order to improve the level of economic development in rural areas and to improve the ecological environment in rural areas. In the history of the reform of the collective forest tenure system in our country, the redefinition of the initial property rights is the core theme that all the collective forest tenure reforms have paid great attention to. It mainly analyzes the legal problems existing in the reform of the forest tenure system in our country: the lack of specific legislation and legal norms for the reform of forest tenure, and the many problems of forest tenure disputes; and the operators are not compensated for the loss caused by natural disasters in forestry production. The research proposes that we should uphold the principles of openness, credibility, and priority of ecological benefits and establish a legal system to improve the reform of forest tenure from forest rights, forest tenure rights transfer and forest insurance.