Study On Green Obligations Of Land Contractors

The Civil Code of the People’s Republic of China inherited the provisions of Article 9 of the former General Principles of the Civil Law of the People’s Republic of China,establishing the green principles of civil law,and creating green obligations for usufruct owners in the subpart of property rights,truly allowing civil law,especially property rights,to participate in the national ecological and environmental governance rule of law system.Although the Civil Code does not yet have specific provisions on the green obligations of land contract owners,it should and needs to exist to provide legal guarantee for the green use of land resources.The creation of green obligations for land contract owners does not change the civil law nature of rights,but only sets boundaries for the exercise of rights,reflects on the traditional property rights’ neglect of ecological and environmental elements,weighs and trades off the value of private interests and public interests of agricultural ecology and environment,makes rational and appropriate restrictions on the autonomy of private subjects,and allows civil law to dovetail with environmental law and individual land management laws and regulations through the path of obligations.The combined force is brought into play to inject rule-of-law momentum into ecological and environmental governance.Although the civil law green obligations have been involved in the field of usufruct,only green obligations are set for the right to use construction land,and the provisions for the right to contract land management are too vague,even leaving the task to public law,which is not conducive to the sustainable use of land resources and the solution of rural ecological environment problems in reality.The policy of "separation of three rights"separates the contracting and operation of land contracting and management rights,which increases the subjects of green obligations,and in practice,the existing legal norms do not provide green obligations well enough and do not directly point to the owner of land contracting and management rights,and it is very likely that there will be land management rights transfer contracts after land contracting contracts,and green obligations are not regulated in these contracts.In practice,the existing legal norms do not provide green obligations well enough,and they are not directly directed to the land contract owner.The first part of this paper is divided into four parts:the first part firstly analyzes the case of sand-pressing land withdrawal in Ningxia,and analyzes the regional problems in the process of sand-pressing land withdrawal as well as the revelation of the universal problem of green obligations,and analyzes the necessity and justification of setting green obligations for land-contracting rights holders.The second part,by defining the basic concept of land contracting rights,clarifying the scope of exercise,obligation system,and the origin and nature of green obligations,makes the normative logic of greening land contracting rights self-consistent,analyzes the justification of ecological public interest restricting the autonomy of private subjects,and provides theoretical support for further research;the third part,by analyzing the research report on the withdrawal of local sand-pressing land,combines the current situation and dilemma of fulfilling green obligations,such as the lack of clear legislative regulation,the lack of green content in land In the fourth part,corresponding to the dilemma of green obligations in the third part,several suggestions are made to help realize the legal regulation of green obligations of land contract owners,to establish the content of green obligations of land contract owners through legislation,to increase the green content of land contract,to improve the legal application mechanism of green regulations,and to improve the implementation of green obligations through The proposal is to establish the content of green obligations of land contract owners through legislation,increase the green content of land contract contracts,improve the legal application mechanism of green norms,and improve the enthusiasm of green obligations through publicity and education.