Current Status and Normative Construction of Conservation Easement Under Ecological Civilization Legislation
Conservation easements have been introduced based on foreign experience,and have gradually become an emerging land property management system with localization exploration for the national park pilots.However,based on the public-private property argument,there are many controversies over the regulation path of conservation easements,which have not yet been formally defined in China's legal system.In view of the formal establishment of national parks and the establishment of the natural protected area system,the conservation easement system should be established in law as soon as possible.Through analyzing the properties of the conservation easement system,comparing the legalization paths of civil law and environmental law,and combining the legislative process of ecological civilization,a better choice for the normative construction of the conservation easement was explored in this paper.The analysis concluded that it was more appropriate to search a separate path in environmental law.It is suggested that specific rules should be set in the National Parks Law of the People's Republic Law of China to be issued first,and then consider incorporating them in principle into the Nature Reserve Law of the People's Republic of China and the Environmental Code of the People's Republic of China,and finally leave the space for detailed regulations to the specializedconservation land law.
Ecological civilization legislationconservation easementnormative constructionNational Parks Law of the People's Republic of Chinasystem of natural protected areas
万方数据
维普
