Environmental Right

Whether physical standard or value standard, until now, property law and property institutions didn’t pay enough attention on the ecology of object. In the view of ecological civilization, ecological value of object has been stripped from economic value to be independent economic value. With the increasing environmental problems, ecological value of object has got more and more attentions. It is necessary and significant to absorb ecological value of object into property law and property institutions. Under the background of the real right system, to establish the system of real right main include system of property rights and system of real right for security, real right for usufruct and environmental property rights which base on exchange value, use value and ecological value of t he object.This paper divided into three parts:introduction, body and conclusion. The body part is divided into five parts to discuss environmental property rights.Chapter one, the evolution of object and the proposed of ecological object in civil war"Object" is very simple in our daily expression, and it has special meaning in law, especially in the concept of real rights. The object which in the law is not always the entity of object, in some cases. Based on complex considerations, it may also refer to or only refers to the value of content. The object, as the real rights object, always attaches great importance by national civil legislation and civil law theory, and evolves along the development of The Times, its scope has been expanded, and the concept of object has been modified. Under the background of ecological civilization, the environment is no longer priceless, the environmental value of object has gradually been recognized by people, and it gets attention with the serious environment problem. Therefore, we should discard the concept of "the environment has no value", re-cognize and existing object, distinguish the object with environment value from common "object", and put into civil law to special protection. This paper called such object with forest environment value as ecological object.Chapter two the choice of property rights type and environment property rightsFrom Roman law to France, Germany, Japan and China property law, the type of real right is continuous development.with the development of modern science and technology, People has strong ability to use natural transform natural, People can control and govern rich content and type of object. The content covered by property law is increasingly complex, The subject.object, content and type of property right is continually growing. At the same time, they have one thing in common, that is every country chooses the types of rights is based on the needs of economic and social development at that time, and combined with its own national conditions to make.The lack of environmental value in the traditional real right system contributed to environmental problems. Therefore, break the power system, establish environmental property rights system based on environmental value of object, form a new property rights system based on ownership, usufructuary right, real right for security,environmental property rights as the basic framework,It is very necessary to open a communication channel in property rights with environmental law field, also only like this to balance huge conflict of interest which produced by environmental problems.Chapter three the connotation of environmental property rightsenvironmental property rights is the new property rights system should be built up, based on the content of environmental value, that is oblige utilize the rights of others particular value of the ecological environment.the connotation of environmental property rights mainly displays the following sides:firstly, the essence of environmental property rights is a kind of the right of offset, that is when creating environment evil or environmental burden, obligee takes advantage of the value of the ecological environment of others specific to offset its burden.Secondly, Environmental right is a kind of limited real right. Thirdly, Environmental right is the real right based on particular value of ecological environment set by others. Fourthly, environmental property rights should be set by taking advantage of particular interest as the purpose of ecological environment. Fifth, Environmental property rights are dependent. The object of environmental property rights is only restricted to attach the ecological environmental value. But the environmental value of object attaches the content of ecological content of entities which put the district as a unit, determined by the forest, grassland area and function.Chapter four the overview of environmental property rightsThe overview of environmental property rights is changing, altering and destroying of environmental property rights. According to the system and national conditions of our country, the overview of environmental property rights adopting the pattern of focus on creditor’s rights formalism and meaning for exceptions, that is following the law and article9(1) the provisions of article14.So it can be expressed that the overview of environmental property rights should be setting down in principle to come into effect, Without the registration, without the real right effect, except as otherwise provided by law. In accordance with the law shall be registered, it shall come into effect upon the recorded in the realty register.Chapter five the idea of environmental property rights systemOn the system constructing, this paper thought environmental value application system, unified management system and circulation system of environmental property rights should be built.On the legislation idea, there are two paths to choose:one is referencing to general rules of usufruct and setting a number of provisions in general provisions of property law, applying forestry law, grassland law, water law, land law, apcl air pollution control law, solid waste pollution prevention and control law, marine pollution prevention law to solve in detail. Another is to setting up environmental property rights to set force environmental property rights in property law.