地役权生态化的现实困境及相关建议

摘要

随着社会经济的发展，人类的生态利益与环境资源所有权人基于物权所享有的经济利益之间的冲突愈演愈烈。历史悠久的传统地役权制度在环境保护方面体现出了极大的优势，地役权生态化的趋势越来越明显，但其也面临着许多的现实困境。针对生态地役权面临的现实困境，提出更具操作性的建议，以更好地发挥私法手段保护环境的优越性。%With the development of society and economy, the conflicts between ecology and environmental interests and economic interests of the owner of the human resources which based on property rights are intensified. The historic tradition of Easement in environmental protection reflects a great advantage, ecological trends of easements are becoming apparent. But facing many difficulties in the reality, it is necessary to attach importance to the system of ecological easements to solve their practical problems.