The Study On Construction Of Environmental Protection Servitude System In China

Environmental problems come into being along with excessive transformation of nature. When the man realized that the increasingly serious environmental problems had become the potential threats of their own survival and development, they set the hard way on foot in order to solve environmental problems. The win-win situation of the economic development and the environmental protection, in essence, is the balance between the economic value and the ecological value of environmental resources. The environmental protection servitude just assumed the responsibility of balancing the two values of environmental resources, so it is necessary to build this system in our country.The environmental protection servitude is a special servitude. For the purpose of protecting environment and ecological public interests, government or environmental organizations enter into contracts with land owners for limiting their rights and compensating for the limitations. The environmental protection servitude is different from common servitude. It is characterized by public welfare and the dual attributes of property rights and environmental rights. The dominant estates are often non-specific.In order to internalize the externality of environmental problems, the environmental protection servitude shall be obtained with compensation. It is necessary to establish the system. It is the need for seeking the best balance between the economic value and ecological value of environmental resources. It is a new path for the effective environmental protection. Practice in China, an environmental protection servitude contract is not uncommon. Furthermore some of the existing laws and regulations also have the characteristics of environmental protection servitude. Therefore, to establish the system in China is not only necessary but also feasible.Through the analysis of the administrative servitude in France and the conservation easement in the United States, the great achievements are presented by the introduction of private law means into the environmental protection area. Therefore, we should learn from foreign advanced experiences, and combine with our actual situation to build suitable system in china. Firstly, build the basic systems of environmental protection servitude:set up the "Coordinating Committee of Environmental Protection Servitude" at all levels of government, which is responsible for the establishments, implementations and following supervisions of the system. According to the different classifications of environmental protection servitude, adopt different implementations. In order to achieve the purpose of the whole systems, we should establish diverse compensation mechanisms. Secondly, build procedural systems of environmental protection servitude, including the preparation procedures before establishments, the strict procedures in establishments, and the monitor procedures after establishments. Thirdly, build the support systems of environmental protection servitude:in the Real Right Law of the People's Republic of China and the relevant environmental protection special laws, regulate the system, thus to obtain the legal support. Furthermore, it is very important to establish the systems of environmental public interest litigation, at the same time, improve relevant supporting measures, and supply various protection services.