First, clear property rights. This is the core of the reform of collective forest right system, that is, under the premise of keeping the ownership of collective forest land unchanged, the contracted management right of forest land and forest ownership will be implemented to farmers of collective economic organizations through household contract management according to law, and farmers will be established as the main body of the contracted management right of forest land. This is the fundamental difference and breakthrough between the reform of collective forest right system and the previous reform.
To clarify the property right, we must maintain the property right and long-term nature of the contracted management right of forest land. The first is to maintain the long-term nature of household contract for forest land. The opinion clearly stipulates: "The forest land contract period is 70 years. After the expiration of the contract period, you can continue to contract in accordance with relevant state regulations. " This is the longest term of China's land contract policy at present, which fully conforms to the characteristics of long forestry production cycle, and fully shows that the party's basic policy in rural areas will not waver, giving farmers a long-term "reassurance". The second is to safeguard the property rights of forest land household contract management. Farmers of this collective economic organization enjoy equal initial distribution right to collective forest land use right and forest ownership, that is, contractual management right. According to the property law, the contracted management right of forest land is a usufructuary right, which has three meanings: the contracted management right of forest land is a usufructuary right derived from the ownership of forest land, and the ownership of forest land is the right of the obligee to possess, use, benefit and dispose of forest land according to law; Compared with the ownership of forest land, the contracted management right of forest land is an incomplete and restricted property right, which mainly shows that forest land should be returned to the owner at the expiration of the contract period; Once the contracted management right of forest land is established, it has the characteristics of being independent of forest land ownership. The owner shall not recover or adjust the forest land at will, and shall not hinder the obligee from exercising his rights according to law. The holder of the contracted management right of forest land has direct control and exclusiveness over the forest land, which can resist the interference of the owner and the infringement of the third party.
The key to clarifying property rights is to achieve "three persistences". First, adhere to the principle of integration. The "Opinions" clearly require that except for a small amount of forest land reserved by village collective economic organizations, all forest land suitable for household contract management should be implemented to farmers of this collective economic organization through household contract. For forest land that is not suitable for household contract management, with the consent of members of collective economic organizations, property rights should also be clarified by means of equal shares and equal benefits. The second is to adhere to the implementation of the "four powers." The "Opinions" stipulates the corresponding policies and puts forward clear requirements for clarifying property rights, releasing management rights, implementing disposal rights and ensuring income rights.
The purpose is to consider the "four rights" as an organic whole, straighten out the interests of all parties, establish a sound policy system, and ensure that farmers can achieve independent management, free disposal and self-benefit according to law after obtaining the contracted management right of forest land and forest ownership. The third is to insist on confirming the right to issue certificates and stand the test of history. Demarcation and certification is the basic requirement of clarifying property rights and the key link to ensure the quality of reform. Previous reforms often ignored this point, leaving many hidden dangers such as mountain without license, mountain without license, mountain without license and unclear boundary. This reform must, in accordance with the requirements of the Opinions, carry out on-the-spot demarcation registration in accordance with the law, issue the forest right certificate with a unified national style, ensure that the registration content is complete and standardized, the data is accurate, and the maps, tables and books are consistent, the people, places and certificates are consistent, and the four parties are clear and the ownership is clear.
Second, let go of the right to operate. The "Opinions" clearly stipulates: "Commercial forests and public welfare forests shall be classified." For commercial forests, farmers can decide their business direction and business model independently according to law, and the wood they produce can be sold independently. There are three meanings here: first, as long as it does not violate the prohibition of the law, you can decide what trees to plant, when to plant them, and what the cultivation goal is; Second, as long as it does not violate the prohibitive provisions of the law, it can choose a variety of business models such as independent operation, cooperative operation, entrusted operation and lease operation, and enjoy the autonomy of production and operation. Third, farmers can decide whether to sell the wood they produce, how to sell it and to whom.
Third, implement the right of disposal. The "Opinions" clearly stipulates: "Under the premise of not changing the use of forest land, the contracted management right holder of forest land can subcontract, lease, transfer, share, mortgage or serve as a condition of capital contribution and cooperation according to law, and the contracted forest land and trees can be developed and utilized according to law." This policy gives the right to transfer the right to use forests, trees and woodlands according to law. Forest right transfer methods include subcontracting, leasing, transfer, exchange, shareholding, mortgage, etc.
Lease refers to the behavior that the contractor leases part or all of the forest land management right to units or individuals other than collective economic organizations and collects rent. The contractual relationship between the contractor and the employer is unchanged, and the employer's consent is not required, but the lease contract needs to be filed with the employer.
Exchange refers to the exchange of contracted management rights of forest land belonging to the same collective economic organization between contractors. The exchange of contracted management right of forest land causes the exchange of mutual rights. Therefore, the exchange of forest land contractual management rights should be reported to the employer for the record. If a party requests registration, it may apply to the forest right management institution for registration of change. If they are not registered, they are not allowed to confront bona fide third parties.
Circulation refers to the behavior that the owner of the contracted management right of forest land transfers part or all of the contracted management right of forest land and forest ownership to others in certain ways and conditions. The transferee of the contracted management right of forest land and forest ownership can be a member of the collective economic organization or a farmer outside the collective economic organization. However, the transfer of the contracted management right of forest land shall be subject to the consent of the employer. After the circulation, the original contractor lost the right to contracted management of forest land, terminated with the contract relationship of the employer on the forest land, and registered the change of forest right.
Fourth, protect the right to income. It mainly includes four levels: first, the income from farmers' contracted management of forest land belongs to farmers. Second, the expropriation of forest land must be compensated. For the forest land requisitioned according to law, the compensation fees for forest land, resettlement subsidies, ground attachments and trees shall be paid in full according to law, and the social security fees for land-expropriated farmers shall be arranged to ensure that the original living standards of land-expropriated farmers will not be reduced and safeguard the legitimate rights and interests of land-expropriated farmers. If the forest land contracted by the family is expropriated according to law, the contracted management right holder has the right to obtain corresponding compensation according to law. Forest land compensation fee is the compensation for the investment and loss of forest land owners and forest land contractual management rights holders, which should be owned by forest land owners and forest land contractual management rights holders. The resettlement subsidy is used for the living resettlement of the contracted management right holder of the expropriated forest land. The contracted management right of forest land shall be owned by the contracted management right of forest land if it is self-employed or resettled by itself. Compensation fees for ground attachments and trees belong to the owners of ground attachments and trees. Third, if it is designated as a public welfare forest by the government, it is necessary to implement the compensation policy for forest ecological benefits.
Legal basis:
Opinions on deepening the reform of collective forest right system and promoting the high-quality development of forestry
Including the overall requirements, key tasks and safeguard measures, of which the key tasks mainly include ten aspects:
(1) Stabilize the collective forest land contract system. First, comprehensively promote the "separation of the three powers" of collective forest land, that is, on the premise of adhering to the collective ownership of forest land, farmers who have obtained the contracted management right of forest land through household contract can retain the contracted right, transfer the management right of forest land to the outside world, and further liberalize forestry management. Second, if the forest land operated by rural collective economic organizations, family contracted forest land and other contracted forest land are transferred according to law and then transferred for more than 5 years (including 5 years), the transferee may apply to the real estate registration department for issuing the forest land management certificate according to the transfer contract. Third, farmers' collective forest land contracting rights settled in cities voluntarily withdraw from the pilot work with compensation according to law, which must be carried out on the premise of legal compliance, full consultation and voluntary compensation. Fourth, the mediation of collective forest land contract management disputes is related to the interests of the masses and rural stability, and all localities should intensify mediation.
(2) Improve the scale management mechanism of forestry. First, all localities should promote the establishment of a standardized and orderly forest rights trading market, improve the management system of forest rights circulation, and promote the orderly circulation of forest land. Second, the provincial bureau will continue to carry out the standardization construction of new forestry business entities and arrange special funds to support qualified forestry professional cooperatives, family forest farms, stock forest farms and other entities. The third is to encourage state-owned forest farms and leading enterprises to give full play to the advantages of capital, technology, management and docking market, and cooperate with village collectives and their members to effectively improve the level and income of forestry management. Fourth, all localities should support the development of forestry socialized service organizations such as resource cultivation and forest management and protection for all aspects of forestry management, and provide convenient and efficient services for the majority of forest farmers to develop forestry.
(3) Improve the scientific forest management system. First, steadily promote the optimization and adjustment of the layout of ecological public welfare forests, actively and steadily replace or adjust natural commercial forests and commercial forests in key ecological locations that meet the requirements of ecological public welfare forest zoning, and ensure that the area of ecological public welfare forests does not decrease and the ecological functions do not decline. Second, actively carry out pilot projects for sustainable forest management, explore innovative forest management models, and set an example for forest farmers to manage forestry. The third is to innovate the harvesting management system of artificial commercial forests, moderately relax harvesting restrictions, simplify the examination and approval procedures, and further implement the rights of forest farmers to dispose of trees. Fourth, vigorously implement the precise improvement project of forest quality and the transformation and improvement project of pine forest, effectively improve forest quality and reduce ecological disasters caused by pine wood nematode disease.
(4) Improve the ecological compensation mechanism. First, according to the central compensation policy and the financial situation at the provincial, municipal and county (district) levels, we will steadily improve the compensation for forest ecological benefits and the subsidy standards for natural forest harvesting management, and mobilize the enthusiasm of forest farmers to protect forests. Second, according to the principle of "whoever benefits will compensate", the compensation policy of forest ecological benefits from the lower reaches of the river to the upper reaches will be implemented to mobilize the enthusiasm of the upper reaches to protect forest resources. Third, for commercial forests in key ecological areas where logging restrictions are implemented, financial and social investment should be adopted to raise redemption funds to effectively safeguard the legitimate rights and interests of forest right holders. The fourth is to carry out the pilot project of wetland ecological protection compensation and further improve the ecological compensation mechanism.
(5) Improve the development mechanism of forestry carbon sink. First, improve the forestry carbon sink trading system, explore the establishment of Fujian forestry carbon neutral trading center, and promote carbon neutral action. The second is to promote the cultivation of relevant institutions and the development of forestry carbon sequestration in our province in view of the problem that there is no qualified certification institution for forestry carbon sequestration projects in our province. Third, take measures such as afforestation, forest management and disaster prevention to cultivate and protect forest resources, increase forest stock and enhance forestry carbon sink. The fourth is to support the research on the methodology of forestry carbon sequestration projects in various places and explore the methodology of forestry carbon sequestration projects that adapt to the forest conditions and development situation in our province.
(six) innovative forestry investment and financing mechanism. First, introduce powerful enterprises such as central enterprises, increase investment in construction projects such as national strategic reserve forest in our province, support the establishment of forestry investment and financing platform according to law, and help forestry development. Second, we will continue to promote the "Minlintong" series of inclusive forestry financial products, and arrange not less than100000 yuan from the provincial forestry special funds for interest subsidies every year, effectively reducing the financing costs of forestry and forestry enterprises. Third, financial institutions should innovate and launch forestry financial products with long term, low interest rate and simple procedures that meet the characteristics of forestry production, and provide strong financial support for forestry development. Fourth, all localities should strengthen supervision over the evaluation of forest resources assets to ensure more accurate evaluation results and reduce evaluation costs; Guide and support forest right purchasing and storage institutions to provide purchasing and storage guarantee services for forest right mortgage loans, and effectively prevent and control forestry financial risks. Fifth, deepen the promotion of Sanming's "forest ticket system" and Nanping's "forest ecological bank" reform, and promote the capitalization of forest resources.
(seven) to speed up the construction of nature reserves system. First, further strengthen the construction of Wuyishan National Park, accelerate the establishment of a nature reserve system with national parks as the main body, and effectively strengthen the management of various nature reserves. The second is to promote eco-migration in various nature reserves in an orderly manner, guide the moderate development of eco-tourism, and let the immigrants move out, get rich and stay stable. The third is to promote the implementation of Wuyishan and Daiyunshan forest ecosystems, the protection and restoration of important wetlands, the protection of endangered wild animals and plants and their habitats, continue to do a good job in the follow-up work of fasting wild animals, carry out comprehensive pilot projects for the prevention and control of wild boar hazards in an orderly manner, and effectively strengthen the protection of biodiversity.
(eight) to promote the enjoyment of ecological achievements. First, we will continue to implement the "three hundred thousand" greening and beautification actions, such as a hundred cities and thousands of villages, a hundred gardens and thousands of roads, and a hundred districts and thousands of belts, accelerate the construction of forest cities, forest villages, forest parks and forest trails, and strive to create a beautiful ecological environment that is livable and suitable for business. The second is to innovate the participation mechanism of voluntary tree planting for the whole people, encourage special activities such as "internet plus" voluntary tree planting for the whole people, and guide and mobilize more people to participate in tree planting. Third, the expenditures related to rural greening and beautification, ecological protection and restoration, green and rich industrial development, forest trails and other infrastructure construction will be included in the overall arrangement of land transfer income and rural construction withholding funds, effectively broadening the sources of funds for ecological protection and green industrial development.
(9) Vigorously develop green industries. First, the provincial finance arranges special funds to vigorously support the development of green and rich industries such as bamboo industry, under-forest economy, eco-tourism, flowers and seedlings, and realize "getting rich without cutting down trees". The second is to support forestry enterprises to carry out scientific and technological research and apply new technologies to achieve transformation and upgrading; Support the construction of a number of forest and bamboo industrial parks to promote the agglomeration of forest products processing industries; Roads in forest areas belong to social public services and will be included in the scope of local transportation infrastructure construction to be supported. Third, forestry machinery such as afforestation, forestry production and management, logging and transportation, primary processing of forest products and pest control equipment that meet the policy requirements will be included in the scope of agricultural machinery purchase subsidies.
(ten) to strengthen the supervision of forestry resources. First, all localities should, in accordance with the deployment requirements of the provincial party committee and the provincial government on the full implementation of the forest length system, further strengthen organizational leadership, step up the introduction of implementation plans, and formulate supporting systems. Qi Xin will work together to protect and develop forest resources. Second, it is necessary to strengthen the construction of grass-roots forestry stations, forestry administrative law enforcement, professional rangers and other teams, and strengthen the supervision of forest resources. The third is to speed up the construction of smart forestry and use modern technical means to realize the full coverage supervision of forest resources in the province.