野生植物资源物权制度研究
发布时间：2019-07-05 09:15
【摘要】： 野生植物资源既是重要的经济资源,也是重要的环境资源。我国野生植物资源十分丰富,居世界第三位,但是由于我国人口众多,却是世界人均占有植物资源最低的国家。在追求经济效益的驱动下,随意的大量破坏野生植物的现象屡见不鲜,使野生植物面临非常严重的问题。野生植物资源物权制度的研究,不仅可以推动野生植物资源的优化配置与利用,而且对社会的可持续发展及生态环境建设也具有重要意义。我国现行的野生植物资源物权制度尚存在国家所有权虚位、野生植物资源用益物权类型不完善等缺陷。随着人们对野生植物资源需求的增长,环境问题的日益严峻,全面系统地开展对野生植物资源物权制度的研究显得越来越必要。 本文主要分四个部分: 第一部分野生植物资源及野生植物资源物权的概述。此部分从介绍野生植物资源的概念和价值入手,论述野生植物资源的物的属性,说明野生植物资源物权客体的特殊性,提出野生植物资源物权的概念,分析其区别于传统物权的特征。 第二部分野生植物资源物权制度的现状及问题。此部分主要从野生植物资源所有权制度和野生植物资源开发利用制度两方面分析,提出野生植物资源物权制度存在的问题。 第三部分国外野生植物资源相关制度。此部分介绍美国和俄罗斯两国的森林资源物权制度和野生植物资源保护制度,从中得到建立野生植物资源物权制度的启示。 第四部分野生植物资源物权制度的发展和完善。此部分主要阐述野生植物资源所有权和野生植物资源用益物权制度。首先,分析野生植物资源物权制度的必要性,这是完善我国野生植物资源物权的内部动因。其次,确立野生植物资源物权制度的原则,这是完善我国野生植物资源物权的基础。最后,提出完善我国野生植物资源物权制度的建议,包括完善野生植物国家所有权制度、个人所有权制度和设立适合野生植物资源开发利用的用益物权类型——珍稀林木采伐权、采集权、景观利用权,同时完善有偿使用制度和用益物权流转制度。
[Abstract]:Wild plant resources are both important economic resources and important environmental resources. The wild plant resources in our country are abundant, the third in the world, but because of the large population of our country, it is the country with the lowest plant resources per capita in the world. In the pursuit of economic benefit, a large number of wild plants can be destroyed at will, and the wild plants face very serious problems. The research of the system of the property right of wild plant resources not only can promote the optimal allocation and utilization of wild plant resources, but also has great significance to the sustainable development of the society and the construction of the ecological environment. The existing system of the wild plant resources in our country is still deficient in the state ownership, the type of usufructuary right of the wild plant resources and so on. With the increasing demand of wild plant resources, the environmental problems are becoming more and more serious, and the research on the system of the real right of wild plant resources is more and more necessary. This paper is divided into four main points Part: First part of wild plant resources and wild plant resources This part starts with the introduction of the concept and value of wild plant resources, discusses the property of the species of wild plant resources, explains the particularity of the object of the wild plant resources, and puts forward the concept of the right of the wild plant resources, and analyzes the difference between the traditional and the traditional. The characteristics of the real right. The second part of the property right of wild plant resources The present situation and the problems of the system are mainly analyzed from the two aspects of the ownership system of wild plant resources and the exploitation and utilization system of wild plant resources, and the wild plant resources are put forward. The question of the existence of a system of rights. Part III This part introduces the system of the protection of the forest resources in the United States and Russia, and the protection system of the wild plant resources, from which the wild plant resources are established. The Enlightenment of the System of the Real Right of Plant Resources. The development and perfection of the system of the real right of plant resources. First, it is necessary to analyze the system of property right of wild plant resources, which is to perfect me. The internal cause of the property right of the wild plant resources is to be established, and then the principle of the system of the property right of the wild plant resources is established. On the basis of the right of the wild plant resources in our country, the author put forward the suggestion to perfect the system of the wild plant resources in our country, including the perfection of the system of ownership of the wild plant, the system of individual ownership and the type of usufructuary right for the exploitation and utilization of the wild plant resources. the right of wood cutting, the right to collect, the right of the use of the landscape, and the perfection of the right
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68;D923.2
本文编号：2510427
[Abstract]:Wild plant resources are both important economic resources and important environmental resources. The wild plant resources in our country are abundant, the third in the world, but because of the large population of our country, it is the country with the lowest plant resources per capita in the world. In the pursuit of economic benefit, a large number of wild plants can be destroyed at will, and the wild plants face very serious problems. The research of the system of the property right of wild plant resources not only can promote the optimal allocation and utilization of wild plant resources, but also has great significance to the sustainable development of the society and the construction of the ecological environment. The existing system of the wild plant resources in our country is still deficient in the state ownership, the type of usufructuary right of the wild plant resources and so on. With the increasing demand of wild plant resources, the environmental problems are becoming more and more serious, and the research on the system of the real right of wild plant resources is more and more necessary. This paper is divided into four main points Part: First part of wild plant resources and wild plant resources This part starts with the introduction of the concept and value of wild plant resources, discusses the property of the species of wild plant resources, explains the particularity of the object of the wild plant resources, and puts forward the concept of the right of the wild plant resources, and analyzes the difference between the traditional and the traditional. The characteristics of the real right. The second part of the property right of wild plant resources The present situation and the problems of the system are mainly analyzed from the two aspects of the ownership system of wild plant resources and the exploitation and utilization system of wild plant resources, and the wild plant resources are put forward. The question of the existence of a system of rights. Part III This part introduces the system of the protection of the forest resources in the United States and Russia, and the protection system of the wild plant resources, from which the wild plant resources are established. The Enlightenment of the System of the Real Right of Plant Resources. The development and perfection of the system of the real right of plant resources. First, it is necessary to analyze the system of property right of wild plant resources, which is to perfect me. The internal cause of the property right of the wild plant resources is to be established, and then the principle of the system of the property right of the wild plant resources is established. On the basis of the right of the wild plant resources in our country, the author put forward the suggestion to perfect the system of the wild plant resources in our country, including the perfection of the system of ownership of the wild plant, the system of individual ownership and the type of usufructuary right for the exploitation and utilization of the wild plant resources. the right of wood cutting, the right to collect, the right of the use of the landscape, and the perfection of the right
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68;D923.2
【引证文献】
相关硕士学位论文 前2条
1 刘利;林权客体研究[D];西北农林科技大学;2011年
2 李亮;野生动植物资源物权之侵权制度研究[D];兰州大学;2012年
，本文编号：2510427
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