要全面推进集体林权制度改革,就必须坚持科学发展观,严格依法办事,明晰林权发包方、承包方和林权管理方之间的权利和义务。结合农村实践,现就集体林权制度改革中的法律实践问题一探究竟。一、林权发包方法律实践问题林权发包方必须具有合法的林权发包权。根据《农村土地承包法》,集体林地只有发包使用权,集体林木可以有发包使用权和所有权,而且在林地使用权发包过程中必须按照权限范围进行发包,不能越俎代庖。属于村集体的林地由村委会发包;属于组集体林地,村委会不能 To promote the reform of the collective forest rights system in an all-round way, we must adhere to the scientific concept of development and work strictly in accordance with the law to clarify the rights and obligations between forest tenurers, contractors and forest management parties. Combining with the practice in rural areas, we are going to investigate the legal practice in the reform of collective forest tenure system. First, the law enforcement contracting forest rights issues Forest tenure contractors must have a legal right to forest tenure. According to the “Rural Land Contract Law,” collective-owned forest land is only used for the right to use the land. The collective tree can have the right to use the land and ownership of the land. In the course of contracting land use rights, the land must be contracted according to the scope of authority and can not be replaced. Villages belonging to the village collective contract by the village committee; belongs to the group collective forest, the village committee can not