On the legalization and real right optimization in grassland ecological subsidy policy
The grassland ecological subsidy policy is based on the compound functions of grassland resources'production security and ecological services,and is an administrative subsidy granted by the government to farmers and herdsmen who undertake the obligation of protection such as grazing prohibition and grassland and livestock balance due to ecological public control.Under the implementation path led by administrative power,the subsidy policy is faced with the absence of a right mechanism for ecological protection,such as the value sequence that a package of objectives impairs ecological priority,and the integrated dynamic management that neglects to focus on the rule of law in the protection of real rights.It is necessary to introduce the real right adjustment mode under the real right scheme,to regulate and adjust the elements in"right source-purpose-means"of the grassland ecological compensation policy by law,build a grassland protection servitude system focusing on the applicable object,establishment method,right subject and contract mechanism,and promote the organic combination of ecological protection obligations in public law and real right adjustment in private law.