下面为大家整理一篇优秀的paper代写范文- The ecology of Easement，供大家参考学习，这篇论文讨论了地役权的生态化。按照生态地役权对生态环境所产生的影响可以分为：积极生态地役权和消极生态地役权。使用他人的土地能够为生态环境带来有利因素的即为积极生态地役权，反之，带来有害因素的，则为消极生态地役权。生态地役权是基于国家与土地所有权人之间达成合意，签订合同的形式来保护生态环境的。
With the rapid development of China's economy, unrestricted exploitation of resources and improper use of the environment has caused serious damage to people's survival, the conflict between economic interests and ecological interests gradually heated up. How to balance the inevitable economic development and the protection of ecological environment is a task that can not be neglected. The traditional regulation method has been unable to solve this problem, and the easement system has shown advantages in environmental protection. This paper puts forward the idea of ecological easement, which revolves around the ecological easement, from concept to meaning, to implementation dilemma, and then to concrete suggestion, in order to introduce the new concept of ecological easement in a more complete way. Thus it can realize the mother of environmental protection and balance the conflict of interests between economy and ecology effectively.
Land is the most important part of the environment, human and many animals, plants are dependent on the land and growth and life, is the carrier of life, but also the fundamental existence of all things. The destruction of the environment, often by destroying the integrity of the land, such as: deforestation caused by forest vegetation and soil erosion, the cultivation of a large number of pesticides used to make the land gradually become barren and so on. The traditional methods of protecting the land environment are through the means of civil law, in the way of creditor's rights or tort relief to compensate the people who have been lost because of the environmental pollution, but the environment has been destroyed, these methods are intuitive to protect the interests, not the environment itself. As the ecological environment has been paid more attention to, the limited resources and the irreversible environment have caused people to worry about, so the scholars through the research, found that the use of usufruct in the right to the provisions of the easement, to extend it to the field of ecological protection to promote environmental protection. Therefore, the right of ecological easement arises.
http://www.51due.net/writing/research-paper/sample31906.html
As far as the traditional theory of our country is concerned, easement is the right to promote the use of real estate and to make use of other people's real estate legally. Article 156th of China's property Law stipulates that: "Easements shall have the right to use other people's immovable property in accordance with the contract, so as to improve their own real estate benefits." The immovable property of the other person referred to in the preceding paragraph shall be the place of service, and its own immovable property shall be an easement. Since the ecological easement belongs to the traditional easement, the classification of the natural traditional easement can also be applied to the ecological easement. And the ecological easement is the ecology of the right, then, of course, there are some special classifications.
The effects of ecological easement on ecological environment can be divided into: active ecological easement and passive ecological easement. The use of other people's land can bring favorable factors to the ecological environment, that is, the active ecological easement, on the contrary, the harmful factors, the negative ecological easement.
According to the basis of the establishment of different can be divided into: general ecological easement and public ecological easement. If the easement is established on the basis of the interests of the particular ecological environment, it is the general ecological easement. It is public ecological interest to set up for the benefit of the ecological environment of the special majority or the country.
According to the different rights content can be divided into: lighting easement, woodland easement, mining easements, and so on.
Today's society is a modern society with rapid development in the era of science and technology, and the speed of economic development is increasing, which should be based on the effective use of resources. Therefore, in order to make the economic development better, people to carry out a large-scale exploitation of resources, unbridled production and manufacturing, so that the feedback to nature is the scarcity of resources and the spread of pollution. We can all feel as the environment has suffered serious damage, and caused by the global warming, earthquakes, tornadoes caused by air crashes, landslides, landslides and other disasters. In the meantime, people are still unable to find a good way to keep the stable development of the economy and reduce the degree of destruction of the environment. But we should keep trying to find all the systems that might balance the relationship between the economy and the environment.
At present, in our country law can be used to protect the ecological environment in the way, the real right is too many principles limit, can not fully and effectively adjust environmental protection, operability is not strong. Creditor's rights means, because the nature of creditor's rights is relative, also not stable, the cost of implementation is still higher, so it is difficult to apply. The neighboring right of neighboring rights is based on the spirit of the rules of the general principles of civil law and the Law of environmental protection, which is only available to people in a certain range, and is based on the neighboring relationship of real estate, which is limited in content. The administrative coercive means can only be directed against the special environmental interests of individual subjects, but not universally applicable, and can not adjust the balance of interests of all parties. From this, it can be seen that the existing legal provisions are not able to take up the ecological environmental protection of the legal system and means.
The right of ecological easement is the content that can be freely contracted by both parties, therefore, according to different needs to set different rights and obligations, so that it is more targeted, so that not only the full and effective use of environmental resources, but also to balance the ecological value of the environment, as far as possible, to the best of its benefit, the need for people. The right of ecological easement is agreed upon in the form of paid contract, the two sides can make a prior agreement on the interests of ecological environment in a certain area, which can be applied to the State for the protection of cropland or the ecology of the plots and to agree with the owners, to maintain the ecological integrity of the region for a period of time, and to balance the corresponding costs by the state. It is about part of the rights of the land, not all of it, which means that it may be possible to pay a small cost to preserve the greater ecological benefits. There is no doubt that this is another beneficial way for us to find a protective environment.
The discovery of the ecological easement has brought great help to the environmental protection, and we can affirm its positive promotion effect. However, the development of ecological easement in China is still in a state of enlightenment, it has not yet been recognized by most people, and has not been clearly defined by the law, but the scholars on the basis of the theoretical excavation of the special path. Therefore, in the actual application process, there are still many problems and difficulties, which need to be solved and perfected, which is the only way to develop the ecological easement.
Every city needs to be equipped with garbage, sewage, waste treatment plant, this is for the whole city of the environmental benefits of the majority of people, that is, public ecological interests. However, the location of these processing plants will inevitably result in the ecological pollution in that area and the devaluation of the surrounding real estate, which is why the siting of the treatment plant will always be strongly opposed by the residents. In the form of paid contract, the ecological easement can bring more reasonable compensation to the weaker party, and also make some special areas be protected effectively. But it must also be based on a consensual agreement between the parties, and if the owners of the service cannot understand the good intentions of this policy, will not cooperate, it also has its own protection of that part of the legitimate interests, and we can not use the "sacrifice of the ego, save the greater" theory as a compelling reason, this is against human rights. Therefore, the two kinds of ecological interests which are bound to produce contradictory but difficult to reconcile are the greatest difficulties in the realization of the current ecological easement.
The ecological easement is based on the agreement between the state and the land owner and the form of contract to protect the ecological environment. And often the agreement between the two sides can be achieved, the key is to the compensation is unanimously recognized. In practice, land owners are often dissatisfied with the compensation offered by the state, while the state thinks that the landowners are on wild speculations, which eventually leads to the rupture of the relationship and even to the point of irreparable. Therefore, it is very necessary to establish a set of established compensation standards that can be recognized and accepted by the public, which is one of the bases on which the ecological easements can be developed. Who will set the standard? What is the standard? Can the standard contain the ecological value and resource value of the land involved? These are some of the problems, but if not even this can not be solved, then there is no need to say anything, not to mention the issue of ecological easement. Therefore, the perfect compensation system, a set of reasonable compensation standards, is the ecological easement in the implementation of the necessary accessories, the lack of which is difficult to implement.
The current ecological easement is still the degree of theoretical treatment, an excellent system, without the enactment and approval of the law, it is impossible to guarantee its implementation, and the present law of our country only makes a simple stipulation on easement, and there is no provision for the right of ecological easement, and even the legislators do not know whether they endorse this system. In general, an ecological easement must be recognized by law if it is to become a reality. In this regard, I think it is possible to enrich the provisions of easements, in response to the policy call of ecological civilization construction, the ecological easement is defined separately as a special kind of easement, which defines its concept, limits its scope of application, increases the stipulations of the paid contract, and realizes the external cost of environmental protection from the real meaning to be solved by internal procedure.
From the implementation of the current situation and the plight of the content can be seen, most of the difficulties encountered in the implementation of the ecological easements lie in the contradiction between the public interest and the private interest, and the biggest reason for the conflict is that it is difficult to reach a consensus on compensation, so that the promotion of the right of ecological easement can be widely accepted and applied in China, It is necessary to establish criteria for the determination of the compensation for ecological easements, all the problems encountered and the process of running-in are necessary for the development of a system, and we must strive to create more possibilities and bigger chips for the realization of the ecological easement in order to promote its development. The method can be adopted, in addition to the fixed compensation, there is a need for a wide range of compensation mechanisms to support the maintenance of ecological environment of the enormous costs, otherwise, it is difficult to maintain the balance between economic interests and ecological interests, can not reflect the advantages of ecological easements system.
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With the rapid development of China's economy, unrestricted exploitation of resources and improper use of the environment has caused serious damage to people's survival, the conflict between economic interests and ecological interests gradually heated up. How to balance the inevitable economic development and the protection of ecological environment is a task that can not be neglected. The traditional regulation method has been unable to solve this problem, and the easement system has shown advantages in environmental protection. This paper puts forward the idea of ecological easement, which revolves around the ecological easement, from concept to meaning, to implementation dilemma, and then to concrete suggestion, in order to introduce the new concept of ecological easement in a more complete way. Thus it can realize the mother of environmental protection and balance the conflict of interests between economy and ecology effectively.
Land is the most important part of the environment, human and many animals, plants are dependent on the land and growth and life, is the carrier of life, but also the fundamental existence of all things. The destruction of the environment, often by destroying the integrity of the land, such as: deforestation caused by forest vegetation and soil erosion, the cultivation of a large number of pesticides used to make the land gradually become barren and so on. The traditional methods of protecting the land environment are through the means of civil law, in the way of creditor's rights or tort relief to compensate the people who have been lost because of the environmental pollution, but the environment has been destroyed, these methods are intuitive to protect the interests, not the environment itself. As the ecological environment has been paid more attention to, the limited resources and the irreversible environment have caused people to worry about, so the scholars through the research, found that the use of usufruct in the right to the provisions of the easement, to extend it to the field of ecological protection to promote environmental protection. Therefore, the right of ecological easement arises.
http://www.51due.net/writing/research-paper/sample31906.html
As far as the traditional theory of our country is concerned, easement is the right to promote the use of real estate and to make use of other people's real estate legally. Article 156th of China's property Law stipulates that: "Easements shall have the right to use other people's immovable property in accordance with the contract, so as to improve their own real estate benefits." The immovable property of the other person referred to in the preceding paragraph shall be the place of service, and its own immovable property shall be an easement. Since the ecological easement belongs to the traditional easement, the classification of the natural traditional easement can also be applied to the ecological easement. And the ecological easement is the ecology of the right, then, of course, there are some special classifications.
The effects of ecological easement on ecological environment can be divided into: active ecological easement and passive ecological easement. The use of other people's land can bring favorable factors to the ecological environment, that is, the active ecological easement, on the contrary, the harmful factors, the negative ecological easement.
According to the basis of the establishment of different can be divided into: general ecological easement and public ecological easement. If the easement is established on the basis of the interests of the particular ecological environment, it is the general ecological easement. It is public ecological interest to set up for the benefit of the ecological environment of the special majority or the country.
According to the different rights content can be divided into: lighting easement, woodland easement, mining easements, and so on.
Today's society is a modern society with rapid development in the era of science and technology, and the speed of economic development is increasing, which should be based on the effective use of resources. Therefore, in order to make the economic development better, people to carry out a large-scale exploitation of resources, unbridled production and manufacturing, so that the feedback to nature is the scarcity of resources and the spread of pollution. We can all feel as the environment has suffered serious damage, and caused by the global warming, earthquakes, tornadoes caused by air crashes, landslides, landslides and other disasters. In the meantime, people are still unable to find a good way to keep the stable development of the economy and reduce the degree of destruction of the environment. But we should keep trying to find all the systems that might balance the relationship between the economy and the environment.
At present, in our country law can be used to protect the ecological environment in the way, the real right is too many principles limit, can not fully and effectively adjust environmental protection, operability is not strong. Creditor's rights means, because the nature of creditor's rights is relative, also not stable, the cost of implementation is still higher, so it is difficult to apply. The neighboring right of neighboring rights is based on the spirit of the rules of the general principles of civil law and the Law of environmental protection, which is only available to people in a certain range, and is based on the neighboring relationship of real estate, which is limited in content. The administrative coercive means can only be directed against the special environmental interests of individual subjects, but not universally applicable, and can not adjust the balance of interests of all parties. From this, it can be seen that the existing legal provisions are not able to take up the ecological environmental protection of the legal system and means.
The right of ecological easement is the content that can be freely contracted by both parties, therefore, according to different needs to set different rights and obligations, so that it is more targeted, so that not only the full and effective use of environmental resources, but also to balance the ecological value of the environment, as far as possible, to the best of its benefit, the need for people. The right of ecological easement is agreed upon in the form of paid contract, the two sides can make a prior agreement on the interests of ecological environment in a certain area, which can be applied to the State for the protection of cropland or the ecology of the plots and to agree with the owners, to maintain the ecological integrity of the region for a period of time, and to balance the corresponding costs by the state. It is about part of the rights of the land, not all of it, which means that it may be possible to pay a small cost to preserve the greater ecological benefits. There is no doubt that this is another beneficial way for us to find a protective environment.
The discovery of the ecological easement has brought great help to the environmental protection, and we can affirm its positive promotion effect. However, the development of ecological easement in China is still in a state of enlightenment, it has not yet been recognized by most people, and has not been clearly defined by the law, but the scholars on the basis of the theoretical excavation of the special path. Therefore, in the actual application process, there are still many problems and difficulties, which need to be solved and perfected, which is the only way to develop the ecological easement.
Every city needs to be equipped with garbage, sewage, waste treatment plant, this is for the whole city of the environmental benefits of the majority of people, that is, public ecological interests. However, the location of these processing plants will inevitably result in the ecological pollution in that area and the devaluation of the surrounding real estate, which is why the siting of the treatment plant will always be strongly opposed by the residents. In the form of paid contract, the ecological easement can bring more reasonable compensation to the weaker party, and also make some special areas be protected effectively. But it must also be based on a consensual agreement between the parties, and if the owners of the service cannot understand the good intentions of this policy, will not cooperate, it also has its own protection of that part of the legitimate interests, and we can not use the "sacrifice of the ego, save the greater" theory as a compelling reason, this is against human rights. Therefore, the two kinds of ecological interests which are bound to produce contradictory but difficult to reconcile are the greatest difficulties in the realization of the current ecological easement.
The ecological easement is based on the agreement between the state and the land owner and the form of contract to protect the ecological environment. And often the agreement between the two sides can be achieved, the key is to the compensation is unanimously recognized. In practice, land owners are often dissatisfied with the compensation offered by the state, while the state thinks that the landowners are on wild speculations, which eventually leads to the rupture of the relationship and even to the point of irreparable. Therefore, it is very necessary to establish a set of established compensation standards that can be recognized and accepted by the public, which is one of the bases on which the ecological easements can be developed. Who will set the standard? What is the standard? Can the standard contain the ecological value and resource value of the land involved? These are some of the problems, but if not even this can not be solved, then there is no need to say anything, not to mention the issue of ecological easement. Therefore, the perfect compensation system, a set of reasonable compensation standards, is the ecological easement in the implementation of the necessary accessories, the lack of which is difficult to implement.
The current ecological easement is still the degree of theoretical treatment, an excellent system, without the enactment and approval of the law, it is impossible to guarantee its implementation, and the present law of our country only makes a simple stipulation on easement, and there is no provision for the right of ecological easement, and even the legislators do not know whether they endorse this system. In general, an ecological easement must be recognized by law if it is to become a reality. In this regard, I think it is possible to enrich the provisions of easements, in response to the policy call of ecological civilization construction, the ecological easement is defined separately as a special kind of easement, which defines its concept, limits its scope of application, increases the stipulations of the paid contract, and realizes the external cost of environmental protection from the real meaning to be solved by internal procedure.
From the implementation of the current situation and the plight of the content can be seen, most of the difficulties encountered in the implementation of the ecological easements lie in the contradiction between the public interest and the private interest, and the biggest reason for the conflict is that it is difficult to reach a consensus on compensation, so that the promotion of the right of ecological easement can be widely accepted and applied in China, It is necessary to establish criteria for the determination of the compensation for ecological easements, all the problems encountered and the process of running-in are necessary for the development of a system, and we must strive to create more possibilities and bigger chips for the realization of the ecological easement in order to promote its development. The method can be adopted, in addition to the fixed compensation, there is a need for a wide range of compensation mechanisms to support the maintenance of ecological environment of the enormous costs, otherwise, it is difficult to maintain the balance between economic interests and ecological interests, can not reflect the advantages of ecological easements system.
想要了解更多英国留学资讯或者需要论文代写，请关注51Due英国论文代写平台，51Due是一家专业的论文代写机构，专业辅导海外留学生的英文论文写作，主要业务有essay代写、paper代写、assignment代写。在这里，51Due致力于为留学生朋友提供高效优质的留学教育辅导服务，为广大留学生提升写作水平，帮助他们达成学业目标。如果您有代写需求，可以咨询我们的客服QQ：800020041。
51Due网站原创范文除特殊说明外一切图文著作权归51Due所有；未经51Due官方授权谢绝任何用途转载或刊发于媒体。如发生侵犯著作权现象，51Due保留一切法律追诉权。-ZR
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