On The Construction Of China’s Environmental Easement Legal System From The Perspective Of Public Interest

Environmental easement is a special type of easement attributed to an agreement signed between an environmental easement holder and an environmental servitude land holder for the purpose of environment protection and other public welfare purposes,which restricts the land utilization right of the owner of the servitude land the environmental easement holder,provides ecological benefits of land and also partially compensates the owner of the servitude land.Environmental easement is adjusted to public law and private law,providing both economic and environmental benefits.Environmental easement has a unique function in reconciling private law autonomy and public law regulation,and is established by equal public and private subjects.With the change of the social stage and the continuous progress of the social economy,the environmental problems become more and more obvious,which requires us to stick to the "Green Principle" policy while pursuing development.On the legislative level,the adjacent relation of private law and traditional easement fail to fully protect environment,which require a new way of environmental regulation to make up for the deficiency of the existing private law,leading to the reform of modern government environmental regulation and occurrence of environmental easement.This also puts forward new requirements for the further development of environmental easement system in China,therefore this paper conduct research on Chinese legal system of environmental easement.The content of this paper is divided into four parts.The first part elaborates the concept and theory of environmental easement,and discusses the legal nature of environmental easement.The second part studies on the legislation of extraterritorial environmental easement system in extraterritorial countries represented by the United States and draws lessons from the experience of these countries from the viewpoint of legislation and recommendation of extraterritorial environmental easement restriction.The third part summarizes the necessity and feasibility of the construction of environmental easement system.It conforms to the principle of sustainable development and is conducive to the improvement of ecological benefits.The fourth part puts forward specific suggestions on the construction of environmental easement system.Environmental easement,as the concentrated embodiment of real right and environmental rights and interests,harmonizes the ecological value and economic value of resources and promotes the integration of economic value and ecological value of natural resources as the economic characteristic and ecological characteristic of natural resources are mutually contradictory and integrated.Combined with the specific situation of our country,the environmental easement system is of great significance to balance the public and private interests while improving the ecological benefits.Obviously,the environmental easement system has its existence necessity.At present,the study of servitude in the perspective of public interest mainly focuses on public easement and environmental easement,which embodies the fusion of modern legal development in different fields of law.Meanwhile the globalization process of environmental easement offers a new idea for innovating our own environmental control,and a society with increasingly perfect legal system indicates that the establishment of environmental easement in our country is feasible.When constructing the localized system of environmental easement in my country,historical analysis and comparative analysis are used to interpret and continue the localized theory of environmental easement based on the specific national conditions and legal status of our country,and elucidates in an all-round way from the perspective of the construction of legislation and specific system of environmental easement.