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林业信托是以信任为基础,林业资产所有人将其合法拥有的林业资产交付给受托人,受托人依据信托契约,以自己的名义管理处分林业信托财产并将收益交付予受益人的制度。林业信托同时受民商法规范和公法规范的约束,在实践中还与其他投融资法规发生交叉。当前我国关于林业信托制度的法律法规基本上是以公、私法混合的方式进行调整的。由于林业信托制度是我国林业改革和发展过程中新出现的事物,相关法律法规对一些实践中出现的新情况、新问题并没有足够的预期,尚待完善。当前,应对林地承包权信托中的财产转移和登记问题进行明确规范;更好地促进一般林业信托法规中公、私法的融合;在时机成熟时对公益林业信托进行专门必要立法。
Forestry trusts are trust-based systems whereby the owners of forestry assets deliver the legally owned forest assets to the trustees and the trustees manage the forest trust property in their own name and deliver the proceeds to the beneficiaries in accordance with the trust deed. Forestry trusts are subject to both civil and commercial norms and public law norms, and in practice, they also cross with other investment and financing regulations. At present, the laws and regulations on the forestry trust system in our country are basically adjusted in a mixture of public and private law. Since the forestry trust system is an emerging phenomenon in the process of China’s forestry reform and development, the relevant laws and regulations have not yet been fully anticipated in some new situations and new problems that have emerged in practice. At present, the transfer and registration of assets in the forest land contracting trust should be clearly regulated, the integration of public and private law in the general forestry trust law should be better promoted, and special necessary legislation should be taken for the public welfare forest trust when the time is right.