Changes in Forestry Property Right: Analysis from the Comparative Perspective

A crucial content of the reform of China's collective forest right system is to encourage and regulate forest property circulation on the basis of rights confirmation. However, the circulation of the forest right does not necessarily lead to the change of the forestry property. Firstly, taking the change of China's forestry property as the research subject, the paper clarifies the difference between the change of forestry property and the circulation of forest right. Secondly, a comparative analysis method is employed to make a profound research on the stipulations of the forestry property change in the following laws including Property Law of the People's Republic of China、Forest Law of the People's Republic of China and the Contractual Right of Land Law of the People's Republic of China, as well as the relevant regulations in Germany and Japan in this regard. Thirdly, based on its situation at the present stage, this paper sums up the problems of China's forestry property change by comparing its models and various limitations it faces. Finally, in order to provide the reference to the reinforcement and perfection of the forestry property reform, some proposals are put forward including simplifying the procedure of forestry property alteration, and accelerating the improvement of the service and support measures related to forestry property alteration.