Analysis on Registration System of Forest Right
|School||Fujian Normal University|
|Course||Civil and Commercial Law|
|Keywords||Registration System of China’s Forest Right Registration Effect Credibility Substantive Review Pre- registration Registration Error|
For the purpose of forest right management and the protection of legal rights, registration system of China’s forest right come into being. Consummate system can support the forest right reform and join the removing betweent the theory research and practical needs. View by the civil law and base on the narrowly define of the forest right,we could built the registration system of forest right,that is, the content,the law effect,the regulation design,the register improvement and the relief of registration error of the forest right registration. The content of the forest right shuld match the target of the collective forest right reform,according to the specific types of the forest right,we could define the content of the forest right and endow the registration effect of antagonism, presumption of validity and credibility. In order to ensure the registration system of forest right could play the fully part on the system fuction, we must have a regulation which is strict and meet the need of practice.By way of interview the forestry sector and collect data, take advantage of induction and summary methods,we consider that the registration regulation should establish the mode of that, joint application as the principle and independent application as the execption.Futhermore,we could choose the substantive review and assort the duty share system meanwhile. In the register, base on the reform example,we believe that in order to adjust to the new round forest right reform and achieve the target that joint the registration system of forest right and property law,it is better to admit pre- registration and dissent- registration as the basic content types. At the some time, we consider that the compensation liability of registration error is civil compensation.By means of define the elements and range of compensation liability, innovate the undertaking ways by the feature of registration system of frorest propert,we could improve the relief system of registration error, achieve the value of leagal system equilibrium and protect the rights of frorest proper owner.