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随着集体林权制度改革取得阶段性成功,林权成为林业生态文明制度建设的关键词。林权作为一种私人财产权,能够增加社会力量造林和发展林业的积极性,其效果自不待言。然而这种将森林资源完全私有化的做法,忽视了森林资源的社会价值,比如提供公民休憩和娱乐的场所以及基本生存的能量来源。因此在一定程度上限制林权,为与森林资源利益攸关的其他利用人提供其合理利益的保护十分必要。德国和俄罗斯在立法上设置了森林进入权(森林逗留的权利),这对于在这一领域的立法实践和理论研究方面尚存空缺的我国有极强的借鉴意义。
With the successful reform of the collective forest right system, the forest right has become the key word in the construction of forestry ecological civilization system. Forest ownership, as a kind of private property rights, can increase the enthusiasm of social forces in afforestation and forestry development, and its effectiveness goes without saying. However, this completely privatization of forest resources neglected the social value of forest resources, such as providing places for citizens to rest and entertain, as well as the energy sources for their basic survival. Therefore, it is necessary to limit the forest tenure to a certain extent and to provide other users of forest resources with the protection of their reasonable interests. Germany and Russia have set the right of forest access (the right to forest stay) in their legislation, which is of great reference to our country which still has some vacancies in legislative practice and theoretical research in this field.