林地承包经营权与林地地役权关系的法律探讨

对同一块林地上林地承包经营权和林地地役权并存时,可能发生的权利冲突进行探讨。提出在集体林权制度改革过程中,应当按照物权法的规定和法理,结合林地作为需役地和供役地的不同属性,妥善处理林地承包经营权在设立、流转过程中与林地地役权的关系,同时对林地地役权的期限做出合理的安排。

Discussion on the Law Relationship between Forestland Management Rights and Woodland Easement

The possible conflict of rights was discussed when the same forestland management rights and woodland easement exist together.This paper proposed people should be in accordance with the property law provisions and jurisprudence,and in combination with the different properties of forestland as the servient and contracted lands,and properly handle and the relationship between the forestland contract management right and forestland easement in the establishment,transfer process and made reasonable arrangement for the forestland easement term during the reform of collective forest right system.