Abstract:The collective forest rights transaction is an important way to promote the optimal allocation of the forest resources and also the objective requirement of protecting the farmers’ rights and interests practically.Our current collective forest rights transaction system,with the characteristics of Administrative Legislation (A.L.),strengthens the management of the collective forest rights transaction behavior,but neglects to incentive or promote the collective forest rights transaction behavior.The system of A.L.has many unreasonable restrictions on the collective forest rights transaction,hindering the smooth transaction of collective forest rights,and also causing the loss of the authority of law.On the basis of the characteristics and development rule of the forestry industry,our country’s legislation of collective forest rights transaction should choose Promotive Legislation (P.L.),define the government administrative rights reasonably and strengthen the function of the government service.To achieve this goal,we should figure out the legislative purpose of promoting the transaction of collective forest rights,modify unreasonable restrictive provisions in existing legislation,establish the incentive measures to incentive the transaction of collective forest rights,enhance the social service to protect the transaction of collective forest rights and build a reasonable mechanism of supplying and sharing ecological benefits.