关键词: 生态保护地役权合同, 范式转换, 生态利益, 公私协同

Abstract:

The ecological conservation easement contract is constructed on the basis of the easement provisions of the Civil Code of the People's Republic of China.Because it bombines public-law regulatory objectives with the private-law form of contract.It differs significantly from the traditional easements established primarily for private benefit and oriented solely toward economic ends.This distinctive character has exposed a series of systematic defects,including the an explicitly green contractual purpose,a one-sided imbalance of rights and obligations,and the weakening of public welfare in the practice of protected areas.Therefore,the ecological conservation easement contracts designed under the old paradigm can no longer meet practical needs.Accordingly,it is necessary to clarify the institutional logic of ecological conservation easements and align the contractual design with the attributes of the rights involved thereby activating the ecological protection function of the easement regime in private law.It is proposed that the contractual purpose be reshaped in accordance with the principle of ecological priority and that a two-way balance of contractual rights and obligations be established.Specifically,clarifying the owner of the dominant land’s responsibilities for dynamic compensation and technical empowerment.quantifying the active stewardship obligations borne by the owner of the servient land and clarifying the owner of the dominant land’s responsibilities for dynamic compensation and technical empowerment.In terms of procedure and relief,the registration based validity rule should be adopted and the performance remedy mechanism should be upgraded,such as creating green application scenarios of the doctrine of changed circumstances,restricting the servient landowner’s exercise of the right to terminate the contract,and constructing the connection mechanism of public and private relief in the case of breach of contract.In this way,the balance can be achieved between the protection of public interests and the safeguarding of private interests.

Key words: ecological conservation easement contracts, paradigm shift, ecological interests, public-private coordination