Study On Legal Issues Of Horizontal Ecological Compensation In River Basins

Watershed hydrological environment determines that watershed protection may not be completely solved in a province,city or county.Watershed ecological compensation has been practiced in many provinces for many years,but the implementation of watershed ecological compensation system is carried out directly by the national or provincial governments.The main participation of watershed ecological compensation is mainly the government,while the participation of other main bodies is low.In practice,many areas have already begun in the river basin ecological compensation cooperation.And the government began to implement horizontal ecological compensation in river basin.Besides,the inter provincial river basin ecological compensation pilot work has made progress,and many areas of foreign ecological compensation of cross-border watershed are taking place between country and country in the basin.The basin ecological compensation has gradually started to market,in the enterprise and residents around the basin.The documents issued by the four departments show that it is necessary to carry out the horizontal ecological compensation in the river basin,and the contents of the horizontal ecological compensation in the watershed ecological compensation should be improved continuously,which will lay the foundation for the development of the horizontal ecological compensation in the watershed.Fen River in Shanxi Province is the mother river of Shanxi Province,and the protection of Fen River Basin is an important link of environmental protection in Shanxi Province.The regulations of Shanxi Province on Ecological Protection and Restoration of Fen River Basin put forward the establishment of ecological compensation system.In the regulations,it is stipulated that ecological compensation should be carried out in forest,water flow and other areas,and the source of Fen River as well as the centralized drinking water source ecological compensation mechanism should be established,but there is no specificprovisions.As the people of Shanxi,we should pay attention to the ecological compensation of Fen River Basin and make due contribution to the development of Shanxi Province.Taking the Fen River Basin as an example,the legal problems existing in the horizontal ecological compensation of the river basin are studied,and it is the important intention of this paper to provide reference for the legislative development of the horizontal ecological compensation of the basin.This paper mainly applies the methods of literature research and comparative study to analyze the legal problems existing in the horizontal ecological compensation of the watershed,which provides some ideas for the solution of the legal problems of the horizontal ecological compensation of the watershed.Firstly,from the status quo of horizontal ecological compensation in Fen River Basin,the paper draws out the problems existing in the main body,principle,legal method and performance appraisal system of the horizontal ecological compensation of the river basin,and analyzes the causes of the problems.The main reason is the lack of practice and legal research.Secondly,from the theoretical basis and foreign experience of the rule of law,Marxist theory of ecological view,the theory of fair values of law and foreign experience have a positive effect on enriching the subject,the expansion of the legal way and the determination of principles.Finally,the paper puts forward some ideas to solve the problem.Special legislation provides a special basis for the development of horizontal ecological compensation in river basin,and increases the enterprises,residents and non-subordinate government as the main body of horizontal ecological compensation in the basin.The principles of beneficiary compensation and bidirectional compensation provide characteristic guidance for the horizontal ecological compensation of the basin,and the legal method is specific to the legislation of each region,which conforms to the local characteristics and provides the basis for the local legislation.The establishment of the performance appraisalsystem provides supervision for the implementation of the watershed horizontal ecological compensation system.The solution to this problem plays an important role in the development of the horizontal ecological compensation law of the river basin,which is in line with the strategy of economic development of our country.