公法和私法上的林权概念比较

Comparison of the Forest Ownership Concept on Public and Private Law

因林业法律、法规颁布时间的不同,导致林权概念及内容的不一致性,使林权无法完整地得到实现。《物权法》的颁布为我国林权体制改革提供了契机,《物权法》中明确规定了森林、林地、林木的所有权、用益物权的内涵,为林权体制改革奠定了基础。文章从公法和私法两方面对林权概念的内涵、主体、客体等方面进行对比,对现行林权概念的规定进行探究,以期为进一步完善林权概念和推进林权体制改革提供理论依据。

Forest Law promulgated in different time, it has led to the inconsistency of the concept of forest ownership and content . It influences forest ownership ascertained and makes the forest ownership not realize completely. The promulgation of Property Rights Law provides an opportunity for the reform of forest ownership system. Property Rights Law clearly sets out the ownership and usufructuary right of the forest, woodland and trees. Property Rights Law lays the foundation of forest system reform. This thesis compares the concept, subject, object on public and private law. It explores the existing provisions of the forest ownership concept. This article will provide a theoretical basis for forest ownership system reform.