河北法学2024，Vol.42Issue(10)：149-165,17.DOI:10.16494/j.cnki.1002-3933.2024.10.008
公私法综合视野下自然保护地财产权限制与补偿研究
Research on the Limitation and Compensation of Property Rights in Protected Areas from the Comprehensive Perspective of Public and Private Law
摘要
Abstract
The protected area is an important starting point for improving the quality of the ecological environment,inheriting the culture of the Chinese nation,safeguarding national ecological security,and building beautiful China.It shoulders the important mission of protecting the ecosysterm and protecting the eclogical barrier.However,the delineation of nature reserves and construction management activities may conflict with the exercise of rights under the establishad system of real property rights with land use as the core,that is,there will be conflicts between the protection of the public interest of the ecological environment of protected areas and the original property rights on the land to which they are attached.The theory of regulatory expropriation and the easement system from the perspective of the separation of public and private law cannot effectively resolve this conflict,while the theory of environmental public property from the comprehensive perspective of public and private law provides a new way of thinking to solve the problem of property right restriction and compensation in protected areas.As an environmental property,the protected area may interfere with property rights in its demarcation,construction,management and utilization.Therefore,a precise distinction should be made between whether such an intervention constitutes expropriation or a restriction on the right to residual property by a public easement.Restrictions on residual property rights in protected areas of public easements should also be compensated.The binary compensation model of"statutory compensation+public easement compensation"gives the right of choice to the owner of the servient land,who can choose the compensation method and accept the corresponding easement restrictions.The binary compensation model can not only enable the subject with restricted rights to receive the minimum compensation,but also motivate willing subjects to choose to voluntarily and actively increase the ecological environment gain,and effectively improve the public efficiency of the ecological environment.关键词
自然保护地/财产权限制与补偿/环境公物/公共地役权/剩余财产权Key words
protected areas/limitation and compensation of property rights/environmental public property/public easements/residuary property rights分类
社会科学引用本文复制引用
落志筠..公私法综合视野下自然保护地财产权限制与补偿研究[J].河北法学,2024,42(10):149-165,17.基金项目
国家社会科学基金项目"自然保护地财产权限制与补偿的法律制度研究"(23BFX100)的阶段性研究成果. （23BFX100）
