The Research On Legal System Of River Basin Ecological Compensation In China

At the Third Plenary Session of the18th Central Committee of the Communist,ecological civilization was stressed again. We must reform the management system ofecological protection. The watershed eco-compensation is to protect the waterenvironment, safeguard fairness and justice, the benefit give a economic ornon-economic compensation on the people who have made a special sacrifice inenvironment protection and on the water ecosystem function itself by market oradministrative means and the watershed eco-compensation is an essential part ofChina·s ecological compensation. Compensation can be divided into governmentcompensation and market compensation. Thus, the compensatory behaviors have thecommon legal characteristics of civil law, administrative law and economic law. Thetheoretical basis of watershed eco-compensation is relatively more mature in Chinaand its main parts include Environment·s Objective Responsibility System· and Handover of Water Quality Responsibility·. Rules about the watershedeco-compensation are enough both policy and law.but there are also insufficient suchas lack of a guidance to guide the practice. The main compensation way in china is government buy·.the topic and successful examples are Sanjiangyuan watershedeco-compensation, Zhejiang with Anhui watershed eco-compensation and Zhejiangjinhua watershed eco-compensation. They all got a big successful while still existinsufficient. The main problem are single and low compensation standard, complexmanagement system, unclearly property right. To solve those problems,we must firstdefine water function zone,follow by clear government responsibility, and make awater ecological function evaluation mechanism, and finally improve thecompensation standard and rich the way of compensation.