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促进集体林地流转是解决林地经营细碎和林地资源浪费问题的有效途径。由于集体林地流转存在集体林地权属界定不清、合同问题复杂多样以及林地流转纠纷适用法律模糊等问题使得法律在适用过程中问题突出。本文从法理与流转实践出发,试图从廓清林地权属体系、完善合同条款、厘清林地流转纠纷适用法律关系等入手,在一定程度上解决集体林地流转纠纷法律适用问题,以期为我国林权改革的顺利进行提供裨益。
Promoting the flow of collective forestland is an effective way to solve the problem of wasteland of fine woodland and woodland management. Due to the unclear definition of the ownership of collective forest land, the complex and diverse contractual issues and the fuzzy law applicable to the disputes over the circulation of forest land, the problem of the application of law in the process of application of the law is prominent. Starting with the jurisprudence and practice of transfer, this article attempts to start with clarifying the ownership system of forest land, perfecting the terms of the contract, and clarifying the applicable legal relationship of the disputes over the transfer of forest land. To some extent, this paper solves the application of the law on the dispute of collective land transfer, Smooth progress to provide benefits.