Abstract: The forestry law in action paid much more attention to the administrative mechanism on the governance of the distribution of forestry resources,which reflects the dilemma of devolution and concentration in forestry legislation in China.On the contrast,the reform of forest tenure concentrated on the dismantling of the administrative restriction on forest tenure.Actually,in the foreign forestry institutions,forestry property has been reigning over the forest which has long been taken as property on one side,while on the other has been reined under the administrative power,which dramatically differs from traditional property rights.In the papers publicized recently-“the suggestion on the acceleration in promotion of the construction of ecological civilization”,the redaction of forestry law and melioration of forestry property and forestry management system have been assigned as priority in consummating the system of ecological civilization.Through comparative study,this research would beneficiate the legislation of forestry institution in china,in which the property rights and administrative power cooperate efficiently.

Key words: forestry property rights, the restriction on forestry property, German forestry law, Anglo-forestry law