| In 2017,the general secretary pointed out that we must not only protect the ecological environment,but also develop the economy.It is better to protect the ecological environment at the expense of economic development,and protecting the ecological environment can promote economic development.In 2021,the State Office of the CPC Central Committee issued the Opinions on Establishing and Improving the Value Realization Mechanism of Ecological Products(hereinafter referred to as the Opinions),and research on the theory and practice of ecological products has flourished in various disciplines since then.From the perspective of providing legal guarantees for the establishment and improvement of the mechanism for realizing the value of ecological products,it is necessary to study the legal meaning of "ecological products" from a legal perspective:Based on the policy document "Typical Cases of Realizing the Value of Ecological Products",the research on the issue of "ecological products" is carried out.Based on ecosystem services,the foreign "ecosystem service payment" and domestic "ecological products" are compared to summarize the definition of "ecological products",the scope of the two is basically the same,and the ecosystem service payment mechanism established by foreign countries based on ecosystem services has been relatively well developed,which can become one of the paths to realize the value of ecological products in China.The precondition for the value realization mechanism of ecological products is the existence of value of ecological products,and this feature is found in the identification of ecological products and their related terms.This paper uses the literature research method,case analysis method and investigation method to conclude that the "ecological product" proposed in the current policy document in China is a new type of property right.These include commodities that are produced and processed artificially in the form of tangible things,derived from natural ecosystems;It also includes benefits and services based on the ecological and environmental functions of natural ecosystems that can be traded using market mechanisms,typical examples are carbon sinks,pollutant emissions,etc.;In addition,there are economic benefits obtained by people who use ecological functions and environmental functions to protect the environment and improve environmental quality,such as ecological protection compensation and ecotourism revenue.Among them,the intangible property part of "ecological products" is difficult to integrate into the traditional property rights system.It is foreseeable that in the future,"ecological products" will be gradually recognized and developed as a new type of property right in China’s legislation and legal practice. |
