Applicable Law of Forest Land Management Rights under the “Three Powers Separation”

The reason for establishing land management rights is that the transfer of family contract management rights is limited, and its purpose is to break the rural land transfer restrictions, increase the farmers’ property income, and help the development of modern agriculture. Land management rights, as an important part of the " three-power separation” policy, have been given real rights by the amended Rural Land Contracting Law of the People’s Republic of China. As an important part of agricultural land, woodland has its own unique characteristics. When applying the revised Rural Land Contracting Law of the People’s Republic of China, the land management right shall include the collective control of the mountain and the retention of the mountain, that is, the collective use of the mountain and the right to use the self-retained mountain may also create the management right of the forest through circulation. At the same time, in order to properly handle the conflict between the contractual management right and the forest land management right in the financing guarantee, and when the forest land management right that does not include forest ownership is mortgaged, the future mortgagee must assess the risk of realizing the mortgage right. In the relationship between forest land management rights and forest ownership, in general, forest ownership depends on forest land management rights, and the transfer of forest ownership must be carried out simultaneously with the transfer of forest land management rights. However, the management rights of forest land can also exist separately from the ownership of forest trees. For forests that are less dependent on forest land or have higher value of individual plants, they should acknowledge their independent forest ownership and further regulate the exercise of forest land management rights and forest ownership belonging to different entities.