Research On Easement System Of Ecological Protection In China

The problem of ecological destruction has become a major issue of common concern in today’s society,and the protection of the ecological environment has become an urgent and arduous task facing all mankind.In the current laws and regulations,there are many relevant provisions on ecological forest construction,returning farmland to forest,sand control,wildlife protection and so on.The main cause of ecological problems is caused by people’s unreasonable use of things.On the contrary,if we make better use of things,it is very helpful for us to solve the ecological problems,which needs to be based on the perfect property right system.The easement system in China’s property law system has very important practical significance for the protection of the ecological environment,which also arouses academic concern this paper focuses on a new system ecological protection easement system.Compared with the public rights protection mode of the ecological compensation system,the ecological protection easement system can give full play to the flexibility and autonomy of private rights protection,reduce the government intervention,and also reduce the national financial expenditure.The equal subjects negotiate with each other,solve the contradiction between land use and ecological protection,and compensate differently and to a large extent,it stimulates the public’s enthusiasm for ecological protection.Ecological protection easement is a special easement that the government,public welfare organizations or private people sign a contract with the land right holders for the purpose of ecological protection to limit part of the rights of the land right holders,so that the land can give better play to the ecological benefits,so as to improve the national ecological environment,and at the same time,give certain compensation to the land right holders with limited rights.The easement system of ecological protection can change or alleviate the conflict of land interests caused by the ownership or use of land in the protected area above the collective land.While protecting the ecology,it also pays attention to the economic benefits of land.The contradiction between land use and environmental protection can be solved by signing a contract without changing the ownership of the land and by limiting the development of the land owners and giving them economic compensation.Ecological protection easement is a new environmental protection connotation developed from the traditional easement.It is a clever combination of economic benefit and environmental benefit,public law and private law.At the same time,it combines the comprehensiveness and authority of public law to solve ecological environment problems,and the flexibility and adaptability of private law to ecological governance problems.Compared with the general easement,the ecological protection easement has some particularities: the purpose is to protect the public ecological interests;the easement owner is relatively special;the easement land is not clear;the land supplier is an obligation;it has the dual attributes of real right and environmental right.Of course,ecological easement does not completely break through the basic category of easement.It is a three-level right concept derived from easement and public easement in order to keep pace with the times.Ecological protection easement has not formed a perfect situation in China,which needs a process of development.For example,the practice of forest protection easement in Qianjiangyuan National Park and wildlife protection easement in Yunnan Province provides practical experience for the development of ecological protection easement in China.However,due to the lack of legal system and supporting system,the development is limited.The practice and achievements of ecological protection easement abroad can help us learn from our own situation.The most perfect development of foreign ecological protection easement is the United States: it originated from the protection easement,the protection easement has played a huge role in the fields of ecological protection,historical and cultural heritage protection,farmland protection,and natural resource protection,and there are a series of supporting laws and regulations and supporting systems for us to learn from: in the federal,In addition to the United States Uniform ecological protection easement act,the federal income tax code supports it,and there are relatively perfect ecological protection easement norms in each state.In the face of the needs of China’s actual ecological regulation,the emerging concepts of forest protection easement and grassland protection easement in academic circles,as well as the increasingly mature practice in China,also provide practical feasibility for the construction of ecological protection easement.However,the provisions of easement in the real right chapter of the civil code can not make the ecological protection easement coexist with it,especially the uncertainty of the ecological protection easement and the existing easement registration system can not meet the needs of the ecological protection easement.Therefore,we should learn from the experience of foreign countries to establish the system of ecological easement.First of all,we should solve the main theoretical dilemma in the existing easement theory system,and clarify the private property of ecological protection easement.Secondly,the system of ecological protection easement is introduced into the civil code,and the specific provisions of ecological protection easement are made in each environmental protection specific law.Then,the perfect system design is carried out to specify the establishment,registration,elimination and relief of easement of ecological protection.Finally,in the aspect of supporting system,we can establish a diversified compensation mechanism through diversified administrative subsidies and absorbing sufficient social capital,encourage public participation,establish relief mechanism,and improve the law enforcement supervision system,so as to promote the establishment and healthy development of the easement system of ecological protection in China.