YUAN Weiyan    Law School

Abstract：Under the background of national park system reform, there is a complex "human-land" constraint relationship between original residents and collective land, and the conservation easement system has a unique institutional advantage in solving this problem. As the product of modernization of our country's traditional easement, conservation easement has the distinct characteristics and advantages of non-exclusivity of land resources, horizontal equality of interest negotiation, paid incentive of public use, long-term stability of everywhere circulation and real right publicity of legal relationship. At present, the ecological utilization modes of collective land in the reform of national park system mainly include the expropriation mode of real right, the determination mode of creditor's rights and the mode of administrative control. Compared with these existing modes, conservation easement system has stronger compatibility and adaptability, which can take into account the bidirectional logic of ecological protection and land use. Without changing the ownership of collective land in national parks, the ecological use of land can be realized by restricting the use of specific collective land. On the basis of clarifying the arrangement of rights and obligations of all parties through the registration mode of servitude contract, providing long-term interest stimulation through the compensation mechanism of private rights, guaranteeing the interests of the subject of servitude by an equal consultation mechanism, and stabilizing the arrangement of rights and responsibilities of all parties through the easement mechanism of "anchored land", It can effectively regulate the relationship between the specific collective land right holders and the non-specific ecological public interests, safely resolve the contradiction between the collective land of the national park and the original residents, and meet the ecological control needs of the national park on the collective land while ensuring the legitimate rights and interests of the original residents in the long term. However, combined with the investigation and analysis of the current legislative policy at the national level and the pilot practice of local national parks in our country, there are a series of problems in the existing conservation easement system, such as unclear entry path, unclear right subject, vague servitude content, lack of alteration rules and lack of registration rules, which need to be improved urgently. Based on the problem orientation of imperfect conservation easement system and the goal orientation of national park system reform, combined with the exploration and summary of practical experience, the legislative improvement path of conservation easement system includes the following contents: In the aspect of the legal path, it strengthens the top-level design of the protection easement system by clarifying the legislative path of the protection easement system, and provides the legal carrier for the specific application of the right. In terms of substantive content and procedural content, by defining the scope of easement subject and servitude subject of the protection easement system, clarifying the content of the protection easement system, clarifying the rules of right change and establishing the rules of right registration, it provides a new way to solve the "human-land" constraint relationship in the reform of national park system.

Read the article here:          国家公园体制改革中保护地役权制度研究.pdf