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 Wysłany: Czw 14:46, 21 Kwi 2011 Temat postu: Private hunting right angle defined _2197 |
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Definition of the right to view private hunting
[Abstract] At present, China is developing property law and civil law Code. Property of how natural resources is one of the hot spots. Articles invited to discuss this group of young scholars that the property rights legislation should be based on the ecological attributes of natural resources and economic attributes, the quasi-property rights system design, and around the forest rights, water rights, hunting rights, fishing rights quasi-property rights legislation of various classes commence construction paper to the relevant legislation to facilitate further refinement. Welcome to the know-depth study to commence. [Key words] Natural Resources Real Property Legislative Building quasi First, hunting and hunting rights 1. The legal nature of hunting - the first account hunting, which means chasing, killing, possession of wild animals. Sense in a purely civil law, hunting behavior is typical of preemptive behavior. Preemptive in nature in accordance with the Specifically, establishing property rights by first accounting for the ownership has the following advantages: First of all, the first chronological account the principle of the single dimension alone can establish property rights, where applicable, is very simple. Second, preemptive first to determine the scope of the subject property, thereby reducing the over-exploitation due to competition or cost resulting from the operation of the concept of play is conducive to efficiency. In the enactment of legislation, such as the to wild animals. However, in full recognition of the efficiency of preemptive behavior, but also to recognize that protection of environmental resources with the tensions that exist between. If Western scholars have pointed out, the first accounting system reflects the addition of humans to the natural concept. In this regard, Western environmentalists pointed out that the first accounts of the law will lead to damage of natural resources. Therefore, in order to property law in the contemporary human and nature, the regulation of relations between people reflected in the process of harmony side, in addition to pay attention to the economic value of the property, but also must reflect a certain connotation of moral values and ecological ethics , performance and advocacy of man and nature, the harmonious coexistence between people. 2. To overcome the defects in the first account - Resources stocks (stock) and flow (flow) division accounting rules established in accordance with the first resource ownership, the first of natural resources shall natural character and the nature of the use of the person in possession of property stocks and flows of the division. The so-called stock, is whether the object in time and no ownership restrictions, and traffic refers to restrictions by time and space dimensions of property rights. Of resources stocks and flows of the division of this suggests that the time dimension of ownership, access to resources on a just get in the Account should be limited to the first object of the flow of resources, that is generally recognized on the property for a specific amount of preemption to obtain. on the commons for the distinction between stocks and flows for improving the efficiency of transfer of property is important, and only on the property, particularly those without the Lord's property limits the amount of multi-dimensional, it can enhance transfer efficiency and value of property; Otherwise, it'll transfer the property externalities. The object will be limited to account for the flow of wild animals, which means the exclusive right to set the flow, which also implied the law allows the property by the first mover in the establishment of clear property rights after the transfer. Identified as the hunting of wildlife resources and the This should include all non-active capacity, which of course will include all species of wild animals. But based on the provisions of special law, only law can hunt wild animals to become the first account of the object. Second, to obtain the right to wild animals only by the right people to enjoy. Therefore, the hunting rights are not based on legal acts and facts to act with. 3. The legal nature of hunting rights - hunting rights in the definition of specific issues is needed before clear that, in the philosophical concept of anthropocentrism and private binary divide the main object of the basic framework, the ownership of wildlife resources in essence about the issue of property rights can be. present, scholars in the obey the hunting quota within the right to enjoy hunting. There view that hunting is the land owner the right to their land to capture wild animals on the right to authorize others to the formation of a private right. This paper proposed that can be identified as the nature of an administrative license; the same time also has the property of their property rights in resource use are made right, hunting prey obtained ownership of the owner, is also the first account based on the principle of permission is granted or the qualifications of poachers rights. Second, hunting rights and land ownership relations hunting rights and land ownership on the relationship between the two legislative patients with: First, hunting rights is an integral part of land ownership. Germany, the United States and other countries have private ownership of land to adopt such legislation model. For example,[link widoczny dla zalogowanych], according to the German set. U.S. law, the hunting rights are considered to enter the land of others for hunting rights. Judges generally believe that hunting is a right limited by the specific purpose of hunting on the land ownership exists, therefore, depends on the realization of the right hunting on privately owned land access rights. Second, the right to hunt has nothing to do with the ownership of land ownership, wildlife, all owned by the state. Such as means, private land owner can not have any rights to animals. China's
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