乡村旅游地的空间再生产权能及其空间正义实现路径——地役权视角下的多案例透析

THE APPROACH TO REALIZE SPACE REPRODUCTION POWER AND SPACE JUSTICE FOR RURAL TOURIST AREAS: DEEP ANALYSIS ON MULTIPIE CASES FROM THE PERSPECTIVE OF EASEMENT

针对中国乡村旅游空间实践中存在的空间生产非正义问题及其制度缺陷症结,在空间正义和依法治旅语境下,文章通过对地役权的空间再生产权能、权能空间生产及其空间正义的系统阐释,并结合多个乡村旅游案例的分析,构建了旅游地役权的权能空间再生产与空间正义实现概念模型,以期探寻中国乡村旅游地空间正义实现的法理路径。研究表明,地役权可以凭借其需役地和供役地的权能空间再生产及其权利人之间的竞合博弈机制,将物权与空间生产联系起来,使当地居民的资源环境权益与旅游开发企业的资本权益实现有法(律)可依;空间生产正义与分配正义的有机统一实乃地役权制度的题中之义,启用地役权正当其时,并将有助于建立乡村旅游地的空间正义法治体系。

In recent years, China＇s rural tourists spots have come under fire by＂ the public for internal rectification work, which to a great extent can be deemed as an interest game between space producers of rural tourist areas as well as between producers and consumers centered on deprivation and anti-deprivation as well as injustice and justice. Specific to space production injustice and its system defects found in the practice of the rural tourism space in China, the author of this paper, under the context of space justice and ruling tourism by law, constructed a conceptual model for the realization of power space reproduction and space justice of tourism easement by systematically explaining the space reproduction power, power space production and its space justice based on the data obtained by case studies, direct observation, questionnaires, interviews, second-hand data, etc. and in reliance on multivariate triangulation and other qualitative interpretations from sociological research models in order to uncover a legal approach to realizing the space justice of rural tourist areas in China. Research shows that, by virtue of the power space reproduction of the dominant tenement and servient tenement as well as the competitive-cooperative game mechanism between their rightful holders, the easement can link real rights with space production so that the interests of local residents regarding resources and environment and the capital interests of tourism development entities are protected by certain laws; the organic integration of space production justice and distribution justice is indeed an essential requirement of the easement system.