论文部分内容阅读
以家庭承包为主的集体林权改革在于使农户获得物权性质的林地承包经营权,林木采伐权成为农民林地承包经营权的核心权利,而我国的林木采伐管理制度存在着限额指标、复杂手续以及权力寻租等问题,使得森林生态公益与农户私益产生冲突,而行政地役权兼具公私双重属性,能够为解决这一冲突提供可行性途径。以俄罗斯、美国和意大利有关行政地役权的立法实践为例,从设立规则、权利与义务、权利保障等方面总结了国外行政地役权的制度优势,旨在探讨对我国现行的林木采伐指标分配管理制度改革作借鉴。
The reform of collective forest tenure based on family contract lies in that farmers get the right of land contract and management right of land ownership, and the forest harvesting right becomes the core rights of peasant forest land contracting and management right. However, there are limits, complex procedures As well as the problem of power rent-seeking and other issues, making the ecological interests of the forest conflict with the private interests of the peasants. However, the administrative easement with both public and private properties can provide a feasible way to solve the conflict. Taking the legislative practice of administrative servitude in Russia, the United States and Italy as an example, this paper summarizes the institutional advantages of overseas administrative easements from the aspects of establishing rules, rights and obligations, and guaranteeing rights. The purpose of this study is to discuss the current forest harvesting indicators Reference to the Reform of Distribution Management System.