湿地水权实践中的成员权表达——基于D村W大塘的案例分析

The Expression of Membership Rights in the Practice of Wetland Water Rights——A Case Study of W-water Pond in D-Village

湿地是我国生态环境系统中的重要组成部分。但长期以来,我国湿地被各方掠夺性开发,湿地生态环境面临的形势严峻。造成这一局面的主要原因是湿地产权界定不清带来的外部不经济。试图通过对发生在一个湿地资源型村庄的案例的分析,来呈现因产权界定不清以致湿地生态环境被破坏的过程:集体化结束后,村社成员试图重新界定湿地水面产权。集体成员权作为一种身份和资格,成为界定湿地水权时最为关键的权利。村社的成员权实践受到受到国家法律政策逻辑和乡土逻辑的双重影响。当双重逻辑在成员权实践中共同发挥作用时,村社成员的权益表达就比较和谐;而当双重逻辑逐渐失能时,村社成员的权益表达就会逐渐不和谐;若这双重逻辑完全消解,村社成员就可能放弃自己的权益表达。后果就是湿地被无序开发,当地的生态环境遭到严重破坏。要改变这一情况,亟需国家政治力量和地方社区力量的集体参与——国家要完善湿地环境保护方面的法律政策,使社会在调处湿地水权纠纷时有法可依;同时基层政府应因地制宜地制定湿地环境保护政策,并应以更加积极的姿态介入到村社湿地水权纠纷调处中;村社成员也应主动对接国家政治力量,“迎法下乡”,使依法治村在村社湿地水权纠纷调处中成为可能。

Wetland is an important part of ecological environment system in China.But for a long time,wetlands in China have been exploited by various parties,and the wetland ecological environment is facing a severe situation.The main reason of this situation is the external diseconomy caused by the unclear definition of wetland property right.Through the analysis of a case in a wetland resource-based village,this paper attempts to present the process of wetland ecological environment destruction due to unclear property rights:After collectivization,the members of the village community try to redefine the water rights of the wetlands.As a kind of identity and qualification,collective membership right has become the most important right to define wetland water right.The practice of the membership right of the village community is influenced by the logic of the national law and policy and the logic of rural areas.When the dual logic plays a joint role in the practice of membership rights,the expression of the rights and interests of the members of the village community is relatively harmonious;and when the dual logic gradually losesits ability,the expression of the rights and interests of the members of the village community will be gradually disharmonious,if this dual logic is completely disintegrated,the members of the village community may give up their right to expressthemselves.As a result,the wetland was developed in disorderly,and the local ecological environment was seriously damaged.In order to change this situation,it is necessary for the government and local community to participate in it collectively.The country should perfect the laws and policies on wetland environment protection,to which the society can adere when dealing with the wetland water right dispute.At the same time,the grass-roots government should formulate the wetland environmental protection policies according to local conditions,and should be more actively involved in the mediation of village community wetland water rights disputes.The members of the village community should also take the initiative to connect with the national political force,"welcome the law to the countryside",so that it is possible to govern the village by law in the mediation of water right dispute of the village community wetland.