The Research On The Ecological Property Right

Property law is rooted in specific society, legal system, with the impact of the political, economic and cultural. Design of the system of property law is not a simple normative analysis, but the property rights system into the social background of property rights with particular social, political, economic and cultural changs. changing the law to reveal the property rights consistent with the basis of a particular social the mechanism of the system.Since1950s-1960s, with the impact of environmental issues, the people’s thinking changed dramatically. From "the non-sustainable development concept" to "the sustainable development concept", From "the anthropocentrism ethics" to has the responsibility to "anthropocentrism ethics"... like new ideas and concepts to people with to a new hope. In this context, the "eco" trend of the law came into being. The purpose and function of property law is to adjust the ownership and use of pressure forced environmental degradation and environmental issues are constantly changing, the property rights system has naturally faced with new choices.I collected a lot of information at home and abroad, after careful research, ecological theory based analysis of real rights, reflections on the traditional concepts of property law, and thus come up with a real right of ecological ideas. This article mainly consists of four sections:Section l,the understanding of property rights from perspective ecological restart from traditional civil law concept "objects" and "property rights", the use of "eco" angle to re-recognize property rights, resolve property rights ecological connotation.Section2, to introduce driving factors of ecological property right.analysis from law, economics, environment. From a legal point view, property rights society into a property rights ecological theoretical premise, trend private law, public law "and" Public and Private Law "property rights ecology provides a theoretical background. From an economic point view,"tragedy of the commons" theory,"economic man" hypothesis, pure market mechanisms lead to ecological crisis intensified. Learn from environmental perspective, the theory of sustainable development promote property rights view of change. Section3, to allege the real right legislation ecological status and defects in our country, briefly analyzes our country "matter right law" reflect ecological concept, reflected in its legislative principles, ownership, the neighboring relationship and so on.With its deficiency and find out the analysis of endogenous root, for example the deviation of natural resources economic value and ecological value, the ecological integrity of separate the contact,displacement of government intervention.Section4,to put forward the ecological perspective change the idea of the real right system in our country.the first lay "real right ecological fundamental key, the next improve existing real right system, including the exercise of ownership to strengthen banned principle, give full play to the abuse of authority neighboring relationship, pay attention to the role of the system of the owner of the environment protection function. The last,to create new real right system, including the establishment of environmental capacity and create the new real right system.