中文摘要：

述评新中国成立以来的林权制度演变,考察了林权确认的习惯法与国家法之间的冲突。基于法的价值论,认为林权确认的习惯法具有较之国家立法更优位的价值,更能满足解决林权纠纷的需要。指出对其进行立法完善的两种方式及相关法理思考。

英文摘要：

The evolvement of thr forest property rights system since new china was reviewed,the conflict between the customary law and countrylaw on the recognition to the forest property rights was also viewed;According to the values of law,the customary law on the Recognition to the forest property rights is superior to the countrylaw on it,is more fit to slove the disputes over the forest property rights,then the two ways of legilative perfection and their jurisprudential thinking were pointed out.