Construction Of The Natural Resources Conservation Easements In China

In today’s society, natural resources ecological environment seriouslydeteriorated. At present, Our country protect natural resources mainly by means ofpublic law, which can not mobilize the initiative of the holder of the natural resources,the root cause of natural resources ecological environment deterioration is lack ofprivate law means. China should consider setting up a private law protection systemin the field of natural resources to resolving the ecological crisis of natural resources.The conservation easements springing up in the field of natural resources abroadhas played an important role as a private law system. Natural resources conservationeasements are to protect natural ecological resources by conservation easement. Forthe purpose of ecological environmental and resources use on the ecologicalenvironment, the country, local governments, nonprofit organizations and privateperson as easement beneficiary contract with the holder of the natural resources asservient owner, the former is responsible for protecting the natural resources, and thebehind pay remuneration to the former. The system stemed from America, and hasbeen applied broadly in America and other countries. This system has advantagecomparing with the public law means of natural resources protection in our country,introducing and constructing natural resources conservation easements can resolve thelaw dilemma in the field of natural resources protection.The real property law of china has established the easement, which provides lawfor introducing conservation easements. We should give play to the opennessadvantage of easement sufficiently and extend easement appropriately to motivate itsvitality for constructing con servation easements and applying it to the field of naturalresources protection. On the theoretical basis of analyzing and resolving structuraldefects of easement, this paper demonstrates systematically the content of the naturalresources conservation easements system. The conservation easement belongs to aspecial form of easement and belongs to the private right. Natural resourcesconservation easements located at the bottom of the conservation easements.So whenwe introduce natural resources conservation easements we should reference the legistative mode of America, and stipulate especially the conservation easements inthe easements.At the same time, stipulating the special rules by grassland law andforesty law, and adopting legistative mode of combining the upper legislation andbelower legislation.The country, local governments,nonprofit organizations, enterprise should beeasement beneficiary of natural resources conservation easements,due to which hasthe responsibility of providing public goods, offsetting carbon emissions and publicwelfare purpose. The servient owner of natural resources conservation easementsshould include the ownership of natural resources and the holder of usufruct, andshould not include the lessee.However, when we apply the existing easement toconstruct the subjects of natural resources conservation easements,we encounter lawobstacles. Real property law in China refusing easement oneself, however, if naturalresources conservation easements allow the country set up a conservation easement inadvance on its own natural resources for itself, which would saving the cost ofresources protection because of free of paying remuneration, and provide the privateright for easement beneficiary.Therefore we suggest that we should admit thelegitimacy of easement oneself in conservation easements.The purpose of natural resources conservation easements is to protect naturalresources, protection purpose is the rule of determining the main right and obligations,and can also explain the terms of contract.So protection purpose should be thenecessary term.Different from the general easement, natural resources conservationeasements request servient owner to implement the positive behavior to conserve thenatural resources.But the existing law do not recognize the positive easement, whichis the law obstacles of constructing the right of conservation easements.Recognizingthe positive principle of easement, and recognizing the nature of easement is limitingthe servient land will prove the rationality of recognizing the positive easement inconservation easements, and we can set a positive burden on the owner of naturalresources servient to conserve the natural resources.Different from the general easement, the subject of natural resourcesconservation easements do not hold specific landfor example nonprofit organizations,which is the law obstacle of obtaining natural resources conservation easements.Torecognize the the nature of easement is limiting the servient land will prove therationality of recognizing the easement in gross in conservation easements, allowingthe subject of unholding specific land to obtain the conservation easements, which resolve the law obstacle of obtaining the conservation easements for the subject ofunholding specific land, and expanding the solutions of protection funds. Naturalresources conservation easements is not a still right, we should permit whichtransference and termination.The modle of transference should be the formalism ofcreditor‘s right, registration should be the necessary condition.Because of the nature ofprotecting public benefit of conservation easements, the transference and terminationshould conforms the law conditions. Different from the general easement, the remedymethods of conservation easements should include judicial compulsory enforcement.