The Discussion Of The Impact On The Law Of Real Right Of The Ecological Idea

When history enters the 21st century, the mankind is facing the serious ecocrisis, in frontof the serious ecocrisis, the mankind finally realizes the limitation of the traditional developmentpattern, demands to protect the environment strongly, wishs eagerly the transition to the newdevelopment pattern of coordinating development of the nature and the society, so the 21stcentury is known as ecological civilization era. Because continuous development has reflectedthe development view and practical view of the ecological civilization in nature, so theecological ethics which based on continuous development view permeate with his strong vitalitythrough each field of the society rapidly, that the traditional law makes corresponding change toit has become the irresistible development trend.The serious ecocrisis is the contradiction between mankind and environment gettingsharpen when mankind uses the environment to achieve the development himself, thecontradiction between the limited resource and mankind social limitless development is theconcrete content of this contradiction. The law of real right is the basic rule of resourcedistribution. Its arrangement and implementation about resource belongingness and utilizationwill influence greatly to the environmental resources, no matter the rational distribution ofresources or rational utilization of resources are all basic contents of the law of real right. If theecological ethics based on continuous development can't be carried out in the law of real right,solving the serious ecocrisis that our country faces is tantamount to fighting only on paper. So,the enactment of the law of real right must base on the backgrounds of the ecological civilization,founds the legal system of resource distribution which according to the requirement ofcontinuous development, achieve the harmonious development between mankind and nature. Forthis reason, it is necessary to confirm its ecological value on the basis that the law of traditionalreal right has already confirmed economic value of the environmental resources, and put theenvironmental resources which is specific and can be weighed in value with currency into theobject category of the real right, standardizing its utilization with the system of real right, andshould redefine the position of the animal in the law, in order to show the difference between itand general real right object.The full text is divided into four parts altogether. The foreword starting with the study of thebackground and thinking choice, annotates domestic and international research, researchthinking, research approach and expectant targets. Chapter one analyses the reason of itsproduction with the description of the current ecocrisis situation, have announced the reason ofecocrisis. Chapter two puts forward the necessity of the improvement of the law of real rightwhich leading by the ecology idea that bases on the continuous development with our country'scurrent real right legal system. The third chapter regards the respondence to ecocrisis of theobject of law of real right as the centre, it expounds the fact that under the new situation thetraditional real right object should expand to the environmental resources which is specific andcan be weighed in value with currency, and discusses the reason that should regards animal asthe special thing.