生态补偿制度的法律关系研究
发布时间：2018-09-11 18:37
【摘要】： 生态补偿是实现环境正义的制度保障,也是实现环境主体权利和义务的制度工具,但是学界对于生态补偿法律关系理论的研究没有给予足够的重视,也没有形成系统的理论和规范。生态补偿法律关系理论的研究是建构生态补偿法律制度的前提。 文章从传统法律关系的理论出发,结合现有的生态补偿实践,综合应用法理研究、案例分析等方法从法律关系的主体、客体和内容三个方面系统地阐述生态补偿的几个基本问题,系统地探讨生态补偿法律关系内涵、特征和内容。 本文充分考虑了生态补偿法律关系的特殊性,结合了前沿性的环境法律问题,从法律关系的角度剖析了生态补偿法律关系中主体、客体和内容较之一般法律关系所表现出的差异性。通过对主体的分析,尝试明确生态补偿法律关系的主体范围;通过对客体的论述,赋予了传统形态下的法律客体满足生态补偿制度设计的要求;通过对生态补偿法律关系内容的研究,为生态主体权利和义务的行使设定了制度框架,尝试性地提出了实践生态补偿理论的方式和方法,为构建完整的生态补偿理论体系提供理论研究的路径。
[Abstract]:Ecological compensation is not only the institutional guarantee to realize environmental justice, but also the institutional tool to realize the rights and obligations of environmental subjects. However, the academic circles have not paid enough attention to the study of the legal relationship theory of ecological compensation. Also did not form the systematic theory and the norm. The study of the legal relationship theory of ecological compensation is the premise of constructing the legal system of ecological compensation. Based on the theory of traditional legal relationship, combined with the existing practice of ecological compensation, this paper comprehensively applies legal theory research, case analysis and other methods from the subject of legal relationship. This paper systematically expounds several basic problems of ecological compensation from three aspects of object and content, and systematically discusses the connotation, characteristics and contents of the legal relationship of ecological compensation. In this paper, the particularity of the legal relationship of ecological compensation is fully considered, and the subject of the legal relationship of ecological compensation is analyzed from the angle of legal relationship. The difference between the object and the content compared with the general legal relationship. Through the analysis of the subject, this paper attempts to clarify the subject scope of the legal relationship of ecological compensation, and endows the legal object in the traditional form to meet the requirements of the design of the ecological compensation system through the discussion of the object. Through the study of the content of the legal relationship of ecological compensation, this paper sets the institutional framework for the exercise of the rights and obligations of the ecological subject, and puts forward the ways and methods of practicing the ecological compensation theory. It provides a theoretical research path for the construction of a complete ecological compensation theory system.
【学位授予单位】：北京林业大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
本文编号：2237535
[Abstract]:Ecological compensation is not only the institutional guarantee to realize environmental justice, but also the institutional tool to realize the rights and obligations of environmental subjects. However, the academic circles have not paid enough attention to the study of the legal relationship theory of ecological compensation. Also did not form the systematic theory and the norm. The study of the legal relationship theory of ecological compensation is the premise of constructing the legal system of ecological compensation. Based on the theory of traditional legal relationship, combined with the existing practice of ecological compensation, this paper comprehensively applies legal theory research, case analysis and other methods from the subject of legal relationship. This paper systematically expounds several basic problems of ecological compensation from three aspects of object and content, and systematically discusses the connotation, characteristics and contents of the legal relationship of ecological compensation. In this paper, the particularity of the legal relationship of ecological compensation is fully considered, and the subject of the legal relationship of ecological compensation is analyzed from the angle of legal relationship. The difference between the object and the content compared with the general legal relationship. Through the analysis of the subject, this paper attempts to clarify the subject scope of the legal relationship of ecological compensation, and endows the legal object in the traditional form to meet the requirements of the design of the ecological compensation system through the discussion of the object. Through the study of the content of the legal relationship of ecological compensation, this paper sets the institutional framework for the exercise of the rights and obligations of the ecological subject, and puts forward the ways and methods of practicing the ecological compensation theory. It provides a theoretical research path for the construction of a complete ecological compensation theory system.
【学位授予单位】：北京林业大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
【引证文献】
相关硕士学位论文 前1条
1 张慧;海洋生态补偿法律制度研究[D];中国海洋大学;2012年
，本文编号：2237535
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