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经济学和法学关于产权内涵理解上的差异根源在于学科方法的差异。关于集体林权的研究,经济学试图运用交易费用等工具揭示集体林产权设置的效率涵义;法学关注的则是通过权威性和强制力确立森林资源的产权规则,实现公平导向的定纷止争。我国现有法律法规虽然对集体林权的各项权能进行了规范,但在所有权操作、收益权保障、抵押权设置、处分权限定等方面仍然有许多值得补充、改进和完善的地方。
The differences of understanding of the connotation of property rights in economics and jurisprudence lie in the differences of disciplinary methods. On the study of collective forest rights, economics tried to use tools such as transaction costs to reveal the meaning of efficiency of collective forest ownership. The focus of law is to establish the rules of ownership of forest resources through authority and coercion, . Although the existing laws and regulations in our country regulate the various rights of collective forest tenure, there are still many places that are worth supplementing, improving and perfecting in terms of ownership operation, protection of income rights, establishment of mortgage rights and limitation of disposition rights.