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Research On The Construction Of Ecological Easement System In China

Posted on:2018-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y P ChenFull Text:PDF
GTID:2346330515490356Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
At present,the natural ecological environment is facing a serious crisis,the rapid development of the global economy has brought the complexity and urgency of environmental problems.Practice has proved that relying solely on government administrative control measures,has been unable to reverse the deteriorating ecological environment of the situation,human beings need to continue to explore other ways to solve the ecological crisis.Therefore,the ecological easement system as a means of private law has entered the view of people with its strong institutional advantages and has become a powerful way to realize the economic value and ecological value of environmental resources.The ecological easement means that for the purpose of environmental protection and ecological public welfare,the state,local government,public interest organization or enterprise shall enter into an easement contract with the land and its affiliated natural resources right holder to restrict the land use mode or require the land supplier Actively as a landlord to better play the ecological benefits,while giving the servants a reasonable compensation for the special easements.The ecological easement is different from the traditional easement:To protect the public ecological interests for the purpose;The easement is relatively special;Need to be clear;The obligation of the servant as a servant;With the dual attributes of real right and environmental rights.Of course,the ecological easement does not completely break through the basic category of easement,it is easement,public easement in order to advance with the times and derived from the concept of three rights.The ecological easement is derived from the US system of protected easements,With its high-speed development in the United States and the results achieved,Increasingly subject to the Anglo-American law and civil law,including many countries and regions,including the attention and introduction,The development of ecological easement has already formed a set of mature theory and legal system.The trend of globalization of ecological easement fully shows that the system has a strong institutional advantage in the field of environmental resource protection.Therefore,in view of the current ecological environment plight in our country,it is necessary for us to consider the introduction of this system,which provides another effective and efficient alternative path for ecological protection to become a supplement to the ecological administrative system.Of course,the origin of the system of ecological easement,with a strong Anglo-American law of the property rights of the characteristics of China as a civil law countries in the introduction of the process will inevitably encounter some theoretical and practical difficulties.However,these legal problems and our existing civil law system does not exist in the nature of the conflict,you can play an important advantage of the easement system,institutional change and innovation to be resolved.China 's "Property Law" has established a relatively perfect "easement" system,which for the establishment of ecological easement to provide a legal basis.Therefore,China should study the excellent experience of foreign countries at the same time,combined with China's legal system and the actual situation,to build suitable for China's national conditions of the ecological easement system.In the legislative model of ecological easement,China should adopt the comprehensive three-dimensional legislation model which combines the general provisions of the upper law and the specific provisions of the lower law.Specifically,we first stipulate the basic content of the ecological easement in the Real Right Law "Property Law",and then make detailed provisions on the specific content of the ecological easement through the relevant environmental resource law.In the basic structure of the ecological easement,it is necessary to design the subject,object and content of the ecological easement.Specifically,the main body of the ecological easement is composed of the landlord and the servant.The main body of the landlord includes the state,the local government,the public welfare organization and the enterprise.The main body of the service provider includes the land owner And land use rights holders;The object of ecological easement is the land with ecological protection value and its attached natural resources;The content of the ecological easement includes the rights and obligations of the landlord and the rights and obligations of the landlord,mainly for the restriction of the development and utilization of the service and the payment of the price.In the change of ecological easement,the ecological easement should adopt the change model of creditor 's formalism,and implement the registration materialism,and register as the effective and publicity method of its change;The acquisition of the ecological easement can include the acquisition of the unilateral act and the acquisition based on the behavior of the two parties;The change of the ecological easement includes the change of the subject and the change of the content,Changes inthe subject include changes in the easement and the change of the person in service,Changes to the content include changes in both parties' consultations and changes in the place of service;The main reasons for the termination of the ecological easement include: conditions change,the state expropriation,expiration of the term,the two sides lifted,unilateral release.
Keywords/Search Tags:Public easement, Ecological easement, Public ecological benefits, Own easement, Independent easements, Affirmative easement
PDF Full Text Request
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