Construction Of The Easement System Of Natural Conservation In China

With the continuous progress of the construction of the nature reserve system,the reform of relevant systems within the nature reserve has also entered a critical period.In various types of nature reserves,there are not only natural ecological elements,but also human survival activities.Indigenous peoples have relied on existing natural resources to survive for generations in nature reserves,forming an intertwined environment between humans and land.The unreasonable utilization of environmental elements within natural reserves by humans,coupled with conflicts between the ecological functions and economic interests of environmental elements,has led to a contradiction between the survival and development of indigenous people in natural reserves and the protection of environmental resources,namely the "human land conflict".However,the existing land transfer resolution mechanisms cannot effectively solve this contradiction.Therefore,this paper attempts to explore the new system of easement of nature protection from the perspectives of concept definition,right attribute,legislative choice,and system design,with a view to achieving a new balance between protection and development in nature reserves.The nature protection easement is the application of public easement in environmental protection,that is,for the purpose of ecological protection,the government or public welfare organizations,as easement holders,restrict their land use rights or increase their ecological protection obligations by signing contracts with the land servitude holders,and at the same time make compensation to the servitude holders in order to better play the special easement of the ecological or economic efficiency of the land ancillary space.The nature protection easement has its unique attributes: the purpose of right establishment is to maintain the public welfare purpose of social environment ecology;The easement holder is only limited to the specific subject status of the government or public welfare organizations;The existence of servitude land is not a necessary prerequisite for the establishment of rights;The obligation attribute of the servitude holder has expanded from the obligation of tolerance or inaction to the obligation of active action;The registration system should shift from adversarial registration to effective registration.Many differences between natural protection easement and traditional easement lead to difficulties in rights construction,and the theoretical dilemma of system construction cannot be ignored.The established property right system of the Civil Law cannot make the natural protection easement and the traditional easement coexist harmoniously.Therefore,we should focus on analyzing the differences between the natural protection easement and the traditional easement,investigate the extraterritorial legislation,and skillfully solve the system conflict problems faced by the system construction.First of all,establish the theoretical basis for the construction of China’s natural protection easement system,and clarify the right attribute of public private mixture of the right.Secondly,based on the green principle of the Civil Law,expand the scope of "benefits" in the interpretation of traditional easement,give full play to the advantages of easement to ease the rigidity of the principle of legal property rights,and propose to increase the types of easement in the Civil Law to provide reasonable support for the harmony between natural protection easement and the civil law system;With the right attribute of both public and private rights as the starting point,and the environmental resources law,which is the coexistence of public law and private law adjustment means,as the legislative support,the system of easement of natural protection will be introduced into the Law on Nature Reserves to be issued in the future,and the specific application will be specified in the special environmental law,the National Park Law,which is being formulated.Finally,reasonable legal suggestions are put forward for the special attributes of the above natural protection easement,and detailed provisions are made for the obligations of the natural protection easement holder,the servitor,the duration of rights,the right change publicity system,and safeguard measures,so as to promote the steady and orderly development of the construction of the natural protection easement system in China.