A Study On The Legal Problems Of Real Estate Ecology Under The View Of Ecological Civilization

Property rights law is defining of use and ownership the property, and the basic law of adjusting property relationship, that" make and set points" as coordinates to realize social wealth appreciation. To a certain extent, the2007revision of the law revealed a little green, but still can’t get rid of the real right person as "rational economic man" the pursuit of maximum economic value caused by the "tragedy of the Commons". The real right system facing the new choice——property rights ecological civilization. In this paper, on the basis of previous studies, the theoretical basis of ecological civilization and ecological analysis, and draw lessons from foreign advanced experience to know the basic concept of property law, and put forward some of the property rights in the existing ecological ideas and perfect Suggestions.This article is divided into introduction, body and conclusion. The introduction part is mainly to this article selected topic background, research significance and status at home and abroad. Body part is divided into four chapters, the first chapter from the ecological civilization perspective to know the real right, the traditional paper expounds property, property right and explanation, on the basis of the understanding of ecological civilization, in the perspective of ecological recognition, property and the property right analysis of the ecological connotation. The second chapter. to analyze the theoretical basis of ecological property rights, from law, economics and environmental ethics. From the perspective of law, property rights into a real ecological provide theoretical premise,"civil law" and the trend of "public law" provides the real ecological theory background. From an economic point of view, tragedy of the Commons "theory, the" invisible hand "and the" visible hand "of the respective defects of the ecological crisis intensifies. From the perspective of the environmental ethics of sustainable development theory and the concept of ecological civilization theory to the real right change. The third chapter discusses the current situation and problems of ecological real right legislation of our country. The brief analysis of the property law in our country embodies ecological concept, reflected in the legislative principles, ownership, adjacent relation and damage compensation claims, usufructuary right, etc., analyzes its defects, such as the defect of the theory of the object of real right adjacent relation and the comparison of neighboring right, the lack of environmental property rights type, etc. The fourth chapter puts forward to" ecological "perspective change the path of the real right system, on the basis of the setting" ecological "real right limit, to perfect the existing property rights system, including implementation of ecological philosophy, ecological development of the theory of the object of real right, the relationship between the adjacent to the sublimation of neighboring right, the improvement of the ownership of natural resources and the establishment of ecological easement, establishing the rights of environmental capacity.