中国林权制度改革和水权制度改革的比较与借鉴

摘要

集体林权制度改革和水权制度改革是从上世纪80年代中国改革开放以来,由中国政府主导的两种资源制度改革.林权制度改革已经完成,水权制度改革正在进行.本研究剖析了集体林权制度改革,总结梳理出林木采伐限额制度、林权补偿措施、林权确权手段和林权交易平台四个具有典型代表的改革成功措施经验,为水权制度改革提出相对应的弹性取水指标、水权流转所涉及的补偿措施、水权确权处理和各形式水权交易平台四方面切实可行的建议.这将弥补中国体制下两种重要的资源制度改革之间对比研究领域的不足,以期为推动国内外水权制度的进一步改革和发展提供参考.%Collective forest tenure reform and water rights system reform are two types of resource system reform initiated by the Chinese government since the implementation of the reform and opening policy of the 1980s. Forest tenure reform has been completed and water rights system reform is ongoing. This study analyzes key points and problems with collective forest tenure reform and summarizes four typical successful reform measures and lessons that will have implications for the developing water rights system: the collective forest-cutting quota system, collective forest tenure compensation, collective forest tenure confirmation, and collective forest tenure trading center. A flexible water permission index, compensation measures in water rights trade, water rights approval, and various forms of water rights trading platforms are proposed as reform measures. This study fills a gap in comparative studies between two important resource system reforms in China and provides a reference for further reform and development of water rights systems locally and abroad.