英国景观产权制度的出现与完善

The Emergence and Improvement of Landscape Property Rights System in England

英国在17世纪确立了土地私有制,之后土地确权不断发展。到19世纪后期,公众以保护景观为由,阻碍景观范围内的地产主进行土地开发。保护景观实为维护公共利益,而地产主具有合法利用土地的私有产权,二者的矛盾时常引发冲突。在探索根本解决方案的过程中,国民托管组织利用信托构建的景观地权模式,实现了景观保护与土地私有制的协调发展。此后,相关法律与政策不断出台,不仅使该模式逐渐制度化,进而使景观保护在私有制框架内得到妥善解决,也使私有土地产权体系得到发展与完善。

In England,private ownership of land was established in the 17th century,and land rights had continued to be established in the subsequent practice afterwards.By the late 19th century,the public hindered real estate owners within the landscape area from developing land on the grounds of protecting the landscape.The landscape protection was actually protection of the public interest,while real estate owners had private property rights to use land legally,and the contradiction between the two often led to conflicts.In the process of exploring fundamental solutions,the National Trust constructed the landscape land ownership model by trust to achieve the coordinated development between landscape protection and private land ownership.Subsequently,relevant laws and policies were continuously introduced,which not only gradually institutionalized the model,but also effectively resolved the landscape protection within the framework of private ownership,and the private land ownership system had been developed and improved.