美国森林园区私有产权的“公共性”及启示

美国等西方发达国家土地资源以私有制为基调，这几乎成为共识。然而，产权的复杂性决定了并不是仅以“公有”和“私有”就可以完全界定清楚人对物的权属关系。森林及林地资源承载着生态乃至社会文化功能，因而不论私有还是公有均具有明显的公共性特征。对这种公共性如何界定？它与私人权益之间的关系是什么？文中在作者跨国实地调研基础上，以既作为私人庄园又作为国家历史文化地标的米德尔顿庄园为例，分析私有属性类别的美国森林旅游资源的产权结构。研究显示，世界上不存在绝对的公有产权和私有产权，而合理的产权结构安排其价值目标在于公共与私人之间权益的平衡；既不能使公共强权压制处于弱势的私人权益，也不能使私人权益侵吞和破坏公共权益；应通过公共性与私人性、公平与效率相互协调统一的复合产权结构维持经济社会发展的秩序。提出了对于我国农村土地产权改革的3点启示。

Publicity of Private Property Rights of Forest Parks in the USA and Its Enlightenment: A Case Study of Middleton Place

In the western developed countries such as the United States of America, private ownership is the base for land resources management, which has almost become a consensus. However, the complexity of property rights determines that the ownership relationship between people and things can not be completely defined by “public” and “private”. Forest and woodland resources have ecological, social and cultural functions, which means the resources in whether public or private ownership share the obviously common characteristics of publicity. It is worth discussing how to define the publicity and what the relationship between publicity and private rights is. Based on the author's overseas field investigation, this paper takes Middleton Place, which is both a private manor and national historical and culture landmark, as an example to analyze the property right structure of privately owned forest park tourism resources in the United States. The results show that there is no absolute public property right or private property right across the world, but the arrangement of a reasonable property right structure has its value and function in balancing public and private rights. The public power should not be used to suppress the weak private rights and interests, while the private rights and interests are not allowed to embezzle and destroy the public rights and interests. Thus, the compound property right structure, which coordinates the public and private rights and synergizes fairness and efficiency, should be established to maintain the order of social and economic development.