Of wildlife resources and property rights system research
|School||Kunming University of Science and Technology|
|Course||Environment and Resources Protection Law|
|Keywords||wildlife resources real right of wildlife resources ownership of wildlife resources occupancy right of wildlife resources the theory of binary real right|
Wildlife resources are not only the natural treasure of the human, but also the important part of the environment where the human live. In the socialist market economy, as to protecting wildlife, it’s not enough for achieving sustainable development that the government’s ’management law’ led by administrative management on wildlife resources because the protection and utilization of wildlife resources need integration and complementation of government’s and market’s functions. And as the basic law of socialist market economy, real right law has the duty to resolve the problems in wildlife resources’ protection and utilization.The thesis is divided into four parts.Part I:basic theory on real right of wildlife resources, which elaborates the concept of wildlife, the concept of wildlife resources and the concept, legal nature and legal structure of real right of wildlife resource. This section elaborates firstly wildlife’s concept and legal status as special thing, secondly the concept and characteristic of wildlife resources, which are different from wildlife, thirdly the ’thing’ nature of wildlife resources and proposes to revise thing’s specificity theory, finally analyses legal nature and legal structure of real right of wildlife resource.Part II:review China’s real right system of wildlife resources, which uses positivism method to review China’s current real right system of wildlife resources, including the legal status of wildlife resource, ownership system of wildlife and occupancy right of wildlife resources, and finds where these systems can be reconstructed from the perspective of holistic theory, systemic theory and ecological theory.Part III:comparison and reference on foreign and overseas legislation of wildlife resources real right, which concludes and compares relevant civil and environmental legislations of America, Russia, Germany, Japan, Netherlands, Austria, Switzerland, Australia, Roumania, Mongolia, Hungary, Thailand, Quebec, Taiwan and Macao, including wildlife resources’ protection scope, legal status, ownership of wildlife resources and occupancy right of wildlife resources. PartⅣ:reconstruction on China’s real right system of wildlife resources, including the ecologization of legislative idea, the reform of traditional real right theory, improvement of legislative technology and construction of wildlife resources’ ownership and occupancy right. Firstly, this section elaborates the ecologization of real right idea, containing respecting ecological value, balancing environmental interest and sticking to sustainable development and analyses the ways to achieve the ecologization of real right idea. Secondly, in the ecological real right idea, based on binary real right theory, it’s suggested that the traditional real right theory be reformed and occupancy right of wildlife resources be constructed. As for the legislative technology, wildlife resources should be defined as special thing and its protection scope should be widened. Thirdly, China’s ownership system of wildlife resources should be reconstructed in system, ways to acquire, exercising and limits and so on. Last, China’s occupancy right system of wildlife resources should be reconstructed in subject, object, content, acquisition, transformation and extinction and so on.