| Modern society with economic development,scientific and technological progress,human beings enjoy the results of social development at the same time also faced with many risks,in which the risk of deterioration of the natural environment has been ignored.Law as the basic tool of social governance,must respond to environmental issues,especially civil law with its strong inclusive and advanced nature must be adjusted on the basis of personal relations and environmental interests and other social and public interests.Land as the basic carrier of the natural environment is the survival and development of human society,although China has long been the introduction of environmental protection and land contract management aspects of the many laws and regulations,but the existing civil law field of land contract management system of environmental issues The existing environmental law only treats the land as a natural thing,thus breaking the relationship between agricultural production and environmental protection,and there is no effective and honest dialogue between civil law and environmental law.In fact,cultivated land pollution in addition to industrial pollution,the land contractor over-emphasis on output and the improper use of land is also a key factor in soil deterioration.Third party pollution can be resolved through environmental infringement and environmental public interest litigation,then the contractor of the improper use of land to cause environmental problems and how to regulate the behavior,which is the focus of this paper.In order to solve the above problems,this paper studies the ecological protection obligations that the right holders should follow when exercising exclusive rights,and find the legal way for the harmonious development between man and nature and between people.This paper is composed of three parts: introduction,text and conclusion.The main body of the thesis consists of the following five chapters: the value of the right to land contractual management,the legal basis,the practical difficulties and the realization path.In the first chapter,the author summarizes the theory of land contract management right.First introduced the "property law" to establish the right to the contracted management of land property rights and the significance of "Three Rights Separation" system of land contracting right of management and the analysis of the impact of new land contract and management rights in the ecological development direction in the new period,and to explore the land contract by trying to define the meaning and characteristics of ecological right Camp finally,introduces the realization of the value of the right to land contractual management ecology,reflects the importance of this research.The second chapter studies the land contracting right legal basis of ecology,the ecological civilization construction of the rule of law and the right to land contractual management of ecological relations,points out that the study of ecological law is the right to the contracted management of land ecological basis,and demonstrates the relationship between property rights and ecological land contracted management of ecological awareness in theory,from the three aspects of the discussion can see different effects on theory of knowledge of their play as the theoretical basis of ecological land contract and management rights,common support in ecological land contracting right justification.The third chapter,discuss the realistic predicament of ecological land contracted management right,respectively analyzes the ecological protection of the rights and duties of the subject of the right to land contractual management deficiencies in the negative obligation and positive obligation on the rigid,many ecological faces from the right to the contracted management of land acquisition,management,transfer and other rights in the operation process the risk,look into the ecological predicament stage of the right to land contractual management is very prominent,especially the need for the realization of the right to land contractual management of ecologicalideas we take further measures.The fourth chapter mainly discusses the land contract and management rights should follow the basic principles in the ecological process,starting from the moderate ecological,ecological division and scientific allocation of rights and obligations of the three specific principles,in-depth analysis of the right to land contractual management is restricted and how the balance principle in ecological research should seek support,and finally the specific provisions of the relevant legal principles of contractual operation right of land ecology in the existing legal norms,which are for the right to the contracted management of land ecological name".The fifth chapter mainly puts forward the realization path of right to the contracted management of land ecological risk,undertake the third chapter of many ecological present land contract and management rights in the exercise of rights and obligations,mainly from the ecological adjustment of legislation,the right to acquire the mechanism of ecological restriction,land management in the production process of environmental protection,land circulation the parties clear environmental responsibility and other aspects of comprehensive solutions and discusses the overall approach,in order to achieve the real purpose of ecological research,to respond to the ecological problems of land to private power. |
