对中国“公共地役权”制度的探讨和立法建议

Discussion and Legislative Proposal on Public Easement System in China

研究目的:针对公共服务企业建设用地利用中存在的公共服务企业与农民之间权利、义务关系不明的问题,提出建立"公共地役权"制度的解决方案,并对"公共地役权"制度提出立法建议。研究方法:运用文献资料并结合实际分析公共地役权问题。研究结果:油气、电力等公共服务企业临时用地后,与农民之间形成的后续权利义务关系在目前法律体系中存在空白。以地役权制度为基础的公共地役权制度可以解决公共服务企业与农民之间形成的需役地人与供役地人间的权利义务关系问题。研究结论:公共地役权制度有利于分清权义,解决纷争,促进经济、社会的和谐发展。

The purpose of this paper is to solve the unclearness of rights and obligations between public service enterprises and farmers in the utilization of public service enterprise construction lands.The paper makes recommendations on establishing the public easement in China, while giving some legislative proposals on it.Methods of documentation and combination of theory study and experiments were employed.The results show that there exists a legal deficiency in the subsequent relationship of rights and obligations between farmers and public service enterprises such as oil-gas and electric power companies after temporary land use of these enterprises.The public easement system based on easement system may solve the problem of rights and obligations between land users and providers caused by public service enterprises and farmers.It is concluded that the public easement system can distinguish the rights and obligations so as to dissolve disputes and can also promote social development and harmony.