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Problem of card of Lin Quan of experience forest enterprise
Lin Quan card (praedial authority card) of enterprise of thing Guan Shelin live, undertake around the collective forest land that whether gives experience forest enterprise to be on the move Lin Quan registers the issue that send card in recent years, forestry was in charge of a branch to publish a few documents, basically decide experience forest enterprise cannot handle Lin Quan card. The collective forest land that experience forest industry is on the move cannot handle Lin Quan card, the forest land that its are on the move is faced with have no right to belong to a proof, lin Quan guaranty, cut examine and approve the rights and interests that waits for a respect unavailable also safeguard, affected forest land dimensions to change manage the enthusiasm that invests forestry with industrial and commercial capital. The article basically analyses experience forest enterprise to be on the move the legal issue that collective forest land handles Lin Quan card to be involved and solve measure, all forests, forest and forest land do not discuss the state here.
One, the legal laws and regulations that card of Lin Quan of experience forest enterprise involves and policy document
Lin Quan boards the plane hair card involves legal laws and regulations to basically have " silvan law " , " silvan law carries out byelaw " , " rural land contracts law " and " matter right law " . " silvan law " reach " silvan law carries out byelaw " in what register the regulation that send card about Lin Quan is more general, among them " silvan law " the 3rd regulation: Country all with collective all forests, forest is mixed forest land, individual all forest and used forest land, register tabulation by government of people of place of prefectural class above, extend certificate, confirm fee or use. This article provides country, collective and individual only 3 main body can undertake registering sending card, can deny not clearly to the enterprise extend Lin Quan card. " silvan law executive regulations " arriving the 3rd times is the 7th board the plane about Lin Quan the regulation that sends card, among them unit of the 5th regulation and individual all forest, by possessory to the forestry of government of prefectural class people of seat director branch puts forward to register application, register tabulation by government of people of this county class, the nucleus sends letter, confirm forest fee; The unit of all forests, forest and forest land mixes use collective individual, ought to the branch of administrator of forestry of government of prefectural class people to seat puts forward to register application, register tabulation by government of people of this county class, the nucleus sends letter, confirm forest, forest and forest land use. The unit should be done here contain company explanation. From the 5th state come to what collective forest land builds forest see experience forestry company be on the move should offer conduction Lin Quan evidence.
National forestry bureau allotted 2007 " the announcement that registers job of the management that send card with normative Lin Quan about be being strengthened further " forest endowment hair [2007]33 date) the case that will not hear Lin Quan to register undertook making clear, main content is as follows:
1, adopt make over or exchange kind contracts to forest land right of administration undertakes is on the move, make over just did not register lawfully obtain Lin Quan evidence, suffer those who let just apply for to register directly.
2, adopt subcontract and rental means to contract to forest land right of administration undertakes is on the move, contract formerly the relation is changeless, suffer subcontract to just be mixed bear hire square application to register.
3, the blame that did not stabilize farming the farmer of the income source that the profession perhaps did not stabilize, will contract through the family taking forest land contracts right of administration is made over other the farmer that is engaged in agricultural production, suffer those who let just apply for to register.
4, the blame that has stability farming the farmer that the profession perhaps has steady income source, will contract through the family the forest land that means acquires contracts right of administration is adopted make over means to make over blame farmer, suffer those who let just apply for to register.
5, unfavorable adopt a family to contract the hair of rural forest land such as grave of channel of the barren mountain of means, barren, barren, desolate sands wraps collective economy to organize the unit beyond or individual to contract, if contract to just cannot offer the village witenagemot of the member that should contract to be organized via this collective economy,discuss 2/3 above member or the agree proof that 2/3 above villager represents file and local rural area (press down) person civil administration, contract to just apply for to register.
6, unfavorable adopt a family to contract grave of channel of the barren mountain of means, barren, barren, desolate sands, after using other way to contract lawfully, obtain Lin Quan evidence via be being registered lawfully, its forest land contracts right of administration is not to adopt those who make over means to be on the move, suffer those who be on the move to just apply for to register.
From " rural land contracts law " see experience forest company besides contract grave of channel of barren mountain, barren, barren, desolate sands " 4 moorland " , enjoy contract right of administration can deal with Lin Quan outside card, because collective forest land of the rural area of experience forest business that rent is to rent a relation to will not handle Lin Quan card. From " matter right law " in light of, experience forest enterprise has to collective forest land without contract right of administration, contract right of administration attributes advantageous position of the content that use profit, enjoy contract right of administration can handle Lin Quan card lawfully, experience forest enterprise rents forest land to build forest, according to " matter right law " enjoy droit and access to built forest.
On December 6, 2012 " the reply that office of national forestry bureau changes the problem that register about dealing with Lin Quan of concerning foreign affairs or foreign nationals " , the basis in its article " rural land contracts law " , foreign capital enterprise and its organization participate in collective forest land to be on the move to be able to undertake in order to rent contract form only, requirement forestry is in charge of a branch to accept Lin Quan to register change to apply for. But basis " 4 moorland " contract the regulation of means, allow to organize the unit beyond by this collective economy or the individual contracts; For this, no matter be foreign nationality personage or its are organized or inside endowment enterprise, organization and individual set according to its contract " 4 barren " the ground has contract right of administration, enjoy useful benefit other people to counterpoise, according to " rural land contracts law " behoove gives this kind to contract right of administration person conduction Lin Quan changes the application that register.
Current, the collective forest land that experience forest industry is on the move is major it is to rely on to rent obtain with subcontract form, according to country is active system of Lin Quan management, its cannot handle Lin Quan card. National general orientation is to ensure the farmer has long-term and stable forest land to contract right of administration, without Lin Quan card, the forest land that the industry is on the move will not be dealt with cut examine and approve wait for administration to examine and approve item, also cannot mortgage with Lin Quan financing enlarges forestry to invest further, the management that restricted experience forest company develops. This also goes against forest land compasses to feel change manage and improve forest land productivity.
2, experience forest enterprise does not have what the law handles Lin Quan card to solve measure
1, publish forest land right of administration to be on the move from national level as soon as possible card system
After collective Lin Quan is reformed, of forest, forest and forest land access be on the move behavior happens in great quantities. All sorts of society force especially forestry of investment of experience forest look forward to is changed to forest land dimensions manage, raised forest land productivity to open positive effect. But active Lin Quan managed a system to restrict an enterprise to handle Lin Quan card, bring about its oneself rights and interests to get ensuring hard, in succession evacuate forestry industry. Face this kind of situation, district of city of a few provinces contracts in countrywide exploration forest land authority and mode of depart of right of administration, right of administration of try out forest land is on the move card system; Contract through forest land authority and right of administration are detached, broke through active Lin Quan to manage a system to restrict forest land subcontract, rent the difficult point that cannot run card. Its are main content is: On policy mechanism, disclose forest land use contract for forest land authority and forest land right of administration, mutual independence, two authority are detached; The silvan asset that forest land operator acquires legally is approved in system level, gift forest land operator the hegemony of asset of nominal exercise forest with oneself. Particular way is: Both sides reachs forest land to be on the move after the agreement, can come on stage according to the government " forest land right of administration is on the move card government measure " relevant provision, send to nucleus of forestry bureau application jointly " forest land right of administration is on the move card " ; " forest land right of administration is on the move card " it is creditor's rights proof character actually, it is forest land is on the move the significant evidence of relation and rights and interests, also be Lin Quan guaranty, forest cuts and other administration examines and approve the rights and interests that waits for item to prove at the same time; Forest land is on the move sell one's own things square (forest land contractor) continue hold " Lin Quan card " , in be on the move inside deadline no longer exercise right of administration. In protection personal interest does not suffer Lin Nong damage while, eliminate forestry to produce the trouble back at home of operator.
Right of administration of executive forest land is on the move card system is OK and very good the malpractice that solves very much active Lin Quan to run a system: It is to be able to promote forest land standard to be on the move. Right of administration of executive forest land is on the move card system, can ensure Yuan Linquan obligee effectively already (forest land contracts square) interest, can make sure forest land manages a person actually again (be on the move suffer let square) the right that acquires legitimate rights and interests belongs to a proof, can promote forest land to be on the move, standardization of implementation forest land, dimensions is changed manage. 2 it is to be able to raise forest land to run a level. Forest land of can effective safeguard manages legitimate rights and interests of the person actually, eliminate forest land to manage the person's apprehension, the production after increasing forest land to be on the move is devoted, raise forest land to run a level. 3 it is to realize Lin Quan to mortgage loan financing is reached cut administration is examined and approve wait for a function. Dispel the worry of industrial and commercial capital, raise industrial and commercial capital to enter development forestry to produce the initiative of the domain, assure for forestry financing etc provided lawful and significant evidence, widened the financing channel of experience forest enterprise, administration cuts to examine and approve for forest in the meantime etc offerred advantage, went to the lavatory forest land manages obligee.
For this, the country should publish forest land right of administration to be on the move as soon as possible card system, carry out inside countrywide limits.
2, give experience forest the company forest droit and use hair evidence
According to " silvan law carries out byelaw " the 5th regulation unit and individual all forest, by possessory to the forestry of government of prefectural class people of seat director branch puts forward to register application, register tabulation by government of people of this county class, the nucleus sends letter, confirm forest fee; The unit of all forests, forest and forest land mixes use collective individual, ought to the branch of administrator of forestry of government of prefectural class people to seat puts forward to register application, register tabulation by government of people of this county class, the nucleus sends letter, confirm forest, forest and forest land use. Reach " matter right law " the regulation about droit, experience forest enterprise rents collective forest land to build forest to enjoy droit and access. Accordingly, can consider 4 rights Lin Quan card namely droit of forest land droit, use, forest and access are apart; Register forest droit and access under one's name of experience forest company, give experience forest enterprise to extend Lin Quan card, its and active law laws and regulations do not conflict.
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