Research On The Subject Status Of Government Compensation For Marine Ecological Compensation

The richness of Marine resources and the vastness of the ocean make ocean exploitation an essential part of human development.The Marine ecological environment has been destroyed by human's disordered development,and the Marine ecological compensation system has come into being.The preliminary exploration of Marine ecological compensation system outside China started at the beginning of last century,and the research on Marine ecological compensation system in China started late,so there are still many deficiencies in the system design and practice.The key to the research of Marine ecological compensation system lies in the concept of Marine ecological compensation,the subject and object of compensation,compensation methods,compensation standards and compensation funds.As the main body of Marine ecological compensation,Chinese government has the leading position.At the present stage,because the Marine resources are the essential attribute of public goods,the government needs to complete the public function and the market as the compensation subject,the government of our country is bound to become the most important compensation subject in the Marine ecological compensation system.This paper starts with the concept and characteristics of the Marine ecological compensation system and the status of the government as the main body of compensation,and examines the status of the government as the main body of compensation in China's Marine ecological compensation.Through the analysis of the current legislation in China and the practice of Marine ecological compensation in some provinces and cities,the paper concludes the insufficiency of the government as the main body of Marine ecological compensation.On this basis,the successful experience of overseas Marine ecological compensation system is used to provide reference and inspiration for the government to better play the role of the main body in the Marine ecological compensation system.This paper is divided into four parts.On the premise of clarifying the concepts and characteristics of ecological compensation and Marine ecological compensation,and the differences between ecological compensation and ecological damage compensation,chapter one clarifies the necessity and target positioning of the government as the compensation subject in Marine ecological compensation.The second chapter analyzes the central level and local level in China for Marine ecological compensation system legislation and practice in jiangsu province and wenzhou city in zhejiang province compensation system of Marine ecological compensation legislation that the government as the main compensation exists in the supply and compensation subject shall not clear problem,in its role in promoting market,provides the transfer payment of compensation funds and there is also insufficient to determine the compensation standard.The third chapter analyzes the overseas Marine ecological compensation system,summarizes the relevant experience,and obtains the enlightenment of improving China's Marine ecological compensation system.The fourth chapter aims at the problems faced by the government in the Marine ecological compensation system and draws lessons from overseas experience,and concludes that the government should start from improving itself and supporting mechanisms to enhance the main role of the government in the Marine ecological compensation system,so as to realize the smooth implementation of the Marine ecological compensation system in China.