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因林业法律、法规颁布时间的不同,导致林权概念及内容的不一致性,使林权无法完整地得到实现。《物权法》的颁布为我国林权体制改革提供了契机,《物权法》中明确规定了森林、林地、林木的所有权、用益物权的内涵,为林权体制改革奠定了基础。文章从公法和私法两方面对林权概念的内涵、主体、客体等方面进行对比,对现行林权概念的规定进行探究,以期为进一步完善林权概念和推进林权体制改革提供理论依据。
Due to the difference of the time when the forestry laws and regulations are promulgated, the inconsistency of the concepts and contents of the forest tenure leads to the fact that the forest tenure can not be completely realized. The promulgation of the Property Law provides an opportunity for the reform of the forest tenure system in China. The Real Right Law clearly stipulates the connotation of the ownership of the forest, the forest land and the forest and the usufructuary right, which lays the foundation for the reform of the tenure system. The article compares the connotation, subject and object of the concept of forest right from two aspects of public law and private law, probes into the existing provisions of the concept of forest rights, and provides a theoretical basis for further improving the concept of forest tenure and promoting the reform of forest tenure.