Innovation Of The Real Right Law With The New Vision On Sustainable Development

Mankind is now undergoing three major transformations, from industrial civilization to ecological civilization, from resource economy to knowledge economy, and from unsustainable development to sustainable development. In an era of these drastic changes, sustainable development has permeated all fields of the society with its great vitality and a renewal of concept and the reform of the traditional laws have already become the irresistible development trend.The increasingly severe environmental problem is an indication of the sharp opposition between human beings and the natural environment, where the conflict between the finite resources and the infinite human development makes one of the top issues. Environmental resources are public assets, which means it is freely accessible to everyone. Apart form the inefficiency of the government, the lack of market regulation of environmental resources in our country also attributes significantly to our problems with environmental resources. Traditional civic law is inadequate in dealing with environment problems, and this leads the shift from private interest to social interest in law standing.The law of real right is a basic rule on resource distribution, with the rational distribution of resources and rational utilization of resources as its basic content. The system of ownership and employment of the resources and its implementation will exert a great influence on the environmental resources directly. If the sustainable development strategy can't be carried out in the law of real right, it is only useless talk on paper. If the law of real right has not introduced the green idea , it loses its due vigor and will cause the regretful incompleteness of the legal system. So nowadays the enactment of law of China's real right must be based on the triple social reality, to set up " green civilization " idea, establish new resources distribution system in accordance with the requirement of "green economy " so as to realize the grand goal of sustainable development. The establishment of the green law of real right should follow the setup and development of environment resources market as the traditional law of real right has confirmed the economic value of environment resources and indue course its ecological value.The thesis is divided into four parts altogether. The foreword starts with study of the background and choice of entry to the topic, explaining briefly the thesis theme, researches home and abroad, idea development, research methods and anticipated targets. Chapter one focuses on the macroscopic influence of sustainable development theory on the theoretical research of law science via the analysis of the nature of sustainable development and its philosophical implication Chapter two presents a theoretical account of the collision between the sustainable development the civil law and derives the unity of the current law of real right and the concept of sustainable development. The third chapter relates with great detail the green rewards of the law of real right in five aspects, and expresses the author's view in light of the law of real right under construction in China. The author stresses our law of real right should seriously take into account the essential factors of environmental protection and resources utilization.