The Legal Path of Damage Relief of Natural Resources Owned by Peasant Collectives
Collective natural resources are faced with many practical difficulties in the protection of the ecological environment,and how to effectively remedy the damage to collective natural resources in law has become an urgent problem to be solved in the current ecological civilization construction.For a long time,China's theoretical and practical circles have paid more attention to collective land in the system design and operation,but neglected collective ownership from the perspective of natural resources.Against the background of the integrated protection of mountains,rivers,forests,farmland,lakes,and grass,it is not appropriate to continue to separate the elements of natural resources,but to consider the elements and design the system of the damage relief mechanism as a whole.This paper systematically analyzes the connotation and relationships of concepts such as collective natural resource damage and ecological environment damage,and tries to clarify the different positions and functions of collective economic organization and the villagers committee in the collective natural resource damage relief.It clarifies the collective economic organization as the ownership subject,and gives the villagers committee the regulatory responsibilities of development and utilization of collective natural resources.At the same time,it is suggested to establish a derivative litigation system for collective members to reduce the principal-agent risk of collective ownership of natural resources.On this basis,the third-order structure of the relief path to collective natural resources damage in China is constructed.The first layer is the lawsuit of real right protection or infringement based on collective ownership,and the subject of prosecution is the subject of collective ownership such as collective economic organizations.The second layer is the relief path with the government and the competent authorities as the regulator.The power basis is the national environmental protection obligation,including administrative means and ecological and environmental damage compensation litigation.The third layer is the social organizations or procuratorial organs as public interest representatives to file environmental civil public interest litigation.This paper extends previous literature in the following three aspects.Firstly,it focuses on the"blank zone"between the reform of the collective property rights system and the pilot project of compensation for natural resources damage owned by the whole people-collective natural resources damage,and abstracts the realistic dilemma in collective natural resource damage into legal problems.Secondly,it sorts out the functions and responsibilities of various subjects in the utilization of and damage to collective natural resources.Thirdly,it clarifies the various relief paths and applicable rules of collective natural resources damage.With the collective natural resources damage relief as the research object,this paper analyzes legal issues involved in the collective natural resources damage situation in China,and provides the corresponding solution,providing theoretical basis for the legislation and practice of collective natural resource damage relief in the future,and improving the collective natural resources property rights,protection,and the relief system.
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