Study On Property Rights Of Ecological Products

The inherent conflict of the right foundation and the inherent contradiction of the right logic become the shackles of the interest among the stakeholders adjusted by law.The concept of ecological product property right is the inevitable requirement to realize the value of ecological product,and is the key to effectively protect the property interests of ecological product suppliers and effectively enhance the supply capacity of ecological product.The approach of property right methodology is beneficial to the adjustment of ecological environment interests and provides method support for the construction of ecological product value realization mechanism.The property right of ecological product is the property right that the supplier enjoys based on the state or result of ecological product supply.The construction of ecological product property right first needs to make clear the existence of right and the transformation of property interests.Ecological products have the dual attributes of ecological value and economic value,and the plastic economic value directly reflects the transferability of the property interests of ecological products.The property right of ecological products is the premise and practical measure to exert the series of system forces of ecological development,stimulate the vitality of ecological product supply and examine the effect of ecological civilization construction,which has rich theoretical and practical basis.The theory of positive externality,the theory of distributive justice and the theory of access justice are the important bases to demonstrate the rationality and legitimacy of the construction of ecological product property rights.The system of property right of ecological products,property right system of natural resources assets and compensation system of ecological environment damage are the practical basis to prove the feasibility of property rights of the ecological products.The legal attribute of the property right of ecological products is a hot topic in the academic circle.The research viewpoints mainly include the theory of real right under the framework of private law,the theory of new property right and the theory of regulation right under the framework of work law.The property right of ecological products has the nature and characteristics of publicity,public law and limited property.It is an independent new right.The construction of the property right of ecological products in China is based on the clarity of the right structure and the integration of the right system.The subject of ecological product property includes government,market and social subject.The object of the property right of ecological products is the supply of ecological products objectively and the gain of ecological products as a result.The realization of the object of the right is mainly carried out from the realization mode of the supply and gain of ecological products of government,market and social subjects.The content of the property right of ecological products includes possession,use,income and disposal.The type of ecological product property right is an important content of promoting the construction of the system of ecological product property right,which needs to be constructed according to the standards of right attribute,property right competition,consumption and protection demand and form of expression.The realization of ecological products is a process of right from possible to reality,from ought to be to legal,which needs to be carried out from the logic of right confirmation,right exercise,right protection and right relief.The confirmation of property rights in ecological products relies on the certification and registration system,and the use and transaction of property rights in ecological products requires the improvement of the system of accounting for the value of ecological products and the system of banking transactions.The protection and remedy of the property right of ecological products should construct and perfect the system of co-construction and sharing,the liability of tort and the compensation system of ecological environment damage.