生态保护地役权合同依托《中华人民共和国民法典》的地役权规范构建。由于它兼具公法管制目标与私法契约形式,与传统私益性地役权单一经济导向的设立目的存在显著差异。这一特性导致其在自然保护地实践中暴露出合同“绿色”目的缺位、权利义务单向失衡、公益效力虚化等系统性缺陷。依托旧范式设定的生态保护地役权合同难以满足现实需要,因此,需厘清生态保护地役权的制度逻辑,适配其权利特性,进而激发地役权私法制度的生态保护效能。建议以生态优先原则重塑合同目的,实现合同权利义务的双向制衡,具体措施包括:量化供役地人承担主动管护的义务,并明确需役地人履行动态补偿和技术赋能的责任。在程序与救济方面,采用登记生效主义并升级履约救济机制。通过创设情势变更原则的绿色适用情形、限制供役地人合同解除权的行使、构建违约情形下公私救济的衔接机制,达成公益保护与私益保障的兼顾与平衡。

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.