A Study On The Legal System Of Ecological Compensation In River Basins

Ecological compensation in river basins help to the economic development and social progress of the entire river basins, help to achieve ecological environment protection and restoration of the river basins, and help to achieve the ultimate objective of sustainable development. The study on ecological compensation in river basins abroad have gained experience at both theoretical level and practical level, domestic scholars have also conducted deep research into the definition of ecological compensation in river basins, subject of the compensation, the compensation standard, object of the compensation, the method for compensation, as well as the management system and so on, and they also form revelant viewpoints. Understanding of the concept of ecological compensation in river basins should be analysed from the concept of river basins, ecological and compensation respectively, and on this basis, ecological compensation in river basins should be redefined combining with the unique function and values of jurisprudence. Through the analysis of the concept of river basins, the scope of ecological compensation in river basins, the main body of ecological compensation in river basins, the punitive system of ecological compensation in river basins and other aspects, this paper concludes that ecological compensation in river basins should mean: based on the integrity and dynamic nature of a river basins, an act takes use of the river basins ecosystem services has led to an injured subject, or the natural environment has a negative impact, then the subject make a profit from is should pay the corresponding price, otherwise he should bear an adverse legal effect.The second part of this article focuses on the theoretical basis for the establishment of ecological compensation in river basins, including the ecological basis, the economic basis and the jurisprudence basis. The ecological basis is mainly reflected in the integrity, relevance and dynamic nature of a river basins, which is an important natural cause of river basins integration and ecological compensation in river basins. The economic basis is mainly reflected in the ecological value theory, the public goods theory, the external economic effects theory and the Kaldor - Hicks compensation theory. These theories deem that only through the establishment of ecological compensation in river basins can the development of the entire river basins reflect the value of nature itself, so that the economy of the whole river basins can develop efficiently, reasonably and balanceably. More from the equity, efficiency, and human rights perspective, jurisprudence deems that the realization of appropriate compensation for the whole river basins, in particular for the victims of the river basins environmental protection is in line with the basic concept of the rule of law. Although China has not yet been set up at the national level an ecological compensation system, but in some laws, administrative regulations and relevant provisions it was regulated and involved. Some provinces has begun the relevant pilot project and probed into the theory, also they introduced a series of related policies and regulations.The third part of this paper gives a detailed analysis of China's existing classical cases relating to ecological compensation in river basins: the Western Grain for Green Project, the Develpment in a Strange Land Mode in Zhejiang, as well as the Dongyang-Yiwu water trading mode. Through a basic understanding of these models and a specific analysis of revelant problems, the deficiencies now existing in the case is clarified and certain research into the feasibility of establishing China's ecological compensation in river basins system in the practice level is done.The fourth part of this paper demonstrates the values, the principles as well as the specific contents of the ecological compensation in river basins system, the principle of ecological compensation system. The values of ecological compensation in river basins should include to achieve a harmonious relationship between human beings and the ecological enviromentin the river basins, to achieve a harmonious regional develpoment, and to achieve a harmonious environment and economic development. The principle of ecological compensation in river basins should include the protection of rights to subsistence and development principles, the developers and the users taking the responsibility principle, who protect who benefit principle, as well as the principle of public participation. The content of ecological compensation in river basins system involves three specific aspects: First, the ecological compensation in river basins standard system, which should be revised basing on an accurate accounting of the value of river basins ecological services and according to the Willing to Pay Method (WTP) as well as the Opportunity Cost Method (OC). At the same time, a detailed specific procedures for the assessment of the values of river basins ecological services should be drawn up to ensure their objectivity and neutrality. Second, the ecological compensation in river basins payment system which solves the problem that how to deliver the ecological compensation in river basins funds. Financial transfer payment system is still an important source of funding for ecological compensation in river basins in China, but because of its inherent limitations, its payment methods and payment channels should be improved, at the same time, China's market mechanism for river basins ecological services should be built for the realization of distributionallocation of resources through market. Third, the ecological compensation in river basins management system. Management agencies should be the subject for river basins management. Management agencies'specific responsibilities in ecological compensation in river basins system includes the macro and micro levels.