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《长江保护法》视域下湿地产权制度的“旧”与“新”.

Authors :
周圣佑
秦 鹏
Source :
China Population Resources & Environment. Mar2023, Vol. 33 Issue 3, p194-204. 11p.
Publication Year :
2023

Abstract

To address the issue of holistic ecological protection in a situation where various environmental factors intertwine, the Yangtze River Protection Law has established the orientation and concept of ecosystem integrity and the ecological space systematization. Based on the data of wetland resources before and after the promulgation of the Yangtze River Protection Law, this paper analyzes the inadaptability between the wetland property right system and the traditional property right system by using the methods of normative analysis, comparative analysis, and empirical analysis, and puts forward solutions. Constrained by the inherent structural defects of the traditional property right system, the wetland property right system has many problems in practice, such as system value deviation, system function dislocation, system implementation block, etc., but it has a new possibility of system improvement in the selection of basic principles, the allocation of internal powers, and the definition of legal relationship objects. This paper further proposes that China should clarify the basic position of ecological value in the wetland property right system, adjust the management mode of wetland property rights based on the integrity of the ecosystem, and improve the registration method of the wetland property right system for ecological space. The specific path of system optimization is as follows: first, the principle of ‘prioritizing ecological conservation and boosting green development’ should be established as the basic principle of the wetland property right system; second, the registration results of wetland property right confirmation and the ecological information of wetland property rights should be bound before being made public voluntarily; third, the boundary of natural resources and internal administrative responsibilities of wetland property rights should be planned as a whole; fourth, the wetland property right system should be institutionally connected with the ‘river chief system’; fifth, the information of wetland property rights should be linked to the performance assessment of leading officials; sixth, surveying and mapping indicators, subjects, and methods should be clearly defined in the wetland property right system and ‘landscape change standards’ should be introduced accordingly. [ABSTRACT FROM AUTHOR]

Details

Language :
Chinese
Volume :
33
Issue :
3
Database :
Academic Search Index
Journal :
China Population Resources & Environment
Publication Type :
Academic Journal
Accession number :
163702927
Full Text :
https://doi.org/10.12062/cpre.20220529