The Ecological Security Concept And The Consummation Of The Real Right Law

To absolutely use substances and achieve the public wealth increase, the traditional security concept in the real right law takes the property security as a base. As ecological environment problems become more and more serious, people realize that systems of resources ownership and using, as the basic rules of resource allocation, presented in the real right law have great impact on the environment resources and the ecological security. However, the traditional security concept focuses on human nature safety instead of the environmental safety, and prefers the property security to the ecological security, which make the real right law fail to be a positive guidance of coordinating the economic interest and the ecological interest.The Real Right Law of P. R. China has been adopted in 2007, which is called a"green"law. In the legislation process, scholars discussed on how to melt it with the following concepts, which are the ecological security concept that consists of safeguard function under sustainable development, the value orientation of harmonious relationship between human and nature, and the view of the rights and obligations that admits the human's ecological duty. In fact, the ecological security concept has greatly influenced the Real Right Law of P. R. China. This paper presented the realizable breakthrough and the innovation of the real right law after analyzing the ecological security concept and its presentation in the Real Right Law of P. R. China.This paper consists of three parts, including the introduction, the body and the conclusion. The author introduced the background in the first part. There are four chapters in the second part. In the first chapter, the author expatiated the traditional safety concept in law to analyze the traditional security concept in the real right law and pointed out its limitations. The second chapter was about the ecological security concept. The background and the history of the ecological security concept were elaborated here. The theoretical base of the safety in the real right law was also commented in this chapter, and the author emphasized on analyzing the bottleneck and the breakthrough of importing the ecological security concept into the real right law. The third chapter was about the influence of the ecological security concept on the real right law, which was reflected not only in the property rights, but also in the rights of neighbors and real right for usufruct. The fourth chapter is about the breakthrough and the innovation of the real right law under the guidance of the ecological security concept. First, the author expatiated on the consummation of the basic principle of the real right law. Secondly, the author emphasized the perfection of the environment neighboring right. In the third part the author gave a new survey of the animal's legal status. The last part is about the reconstruction of the usufruct system, this is the key point of this paper in this part. The author considered the usufruct system should be adjusted following the ecological security concept. First, the quasi-usufruct should be an unattached chapter. Secondly, the ecology easement system ecology should be introduced. Thirdly, the author presented recent development of the usufruct by analyzing the substance's characteristic of the environmental capacity and introducing the trade system of the discharge pollution right and the trade system of the wild animal hunting right which are both based on the using right of the environmental capacity. Based on this, the author analyzed the feasible positive interaction between the real right law and the ecological security concept by enforcing the using right of the environmental capacity. In the conclusion, the author expounded the influence of the ecological security concept on the perfection of the real right law.