| Eco-compensation is an economic policy that originated in foreign countries,and has become an important means of ecological environmental protection at the moment.The practice of eco-compensation in China started late and relies on foreign experience.From the point of view of the system design of eco-compensation,whether it is domestic or foreign,its operation is mainly to regulate the relationship between people.Of course,eco-compensation also regulates the relationship between mankind and nature to a certain extent,but it is lacking.The legalization of eco-compensation is an inevitable trend.How to better regulate the relationship between mankind and nature by eco-compensation legislation has become an important topic in the field of eco-compensation research.The concept of eco-compensation has undergone a continuous development process,and the ecosystem has gradually changed from the initial objective existence to a resource that can provide services for humans.The ecosystem service payment system has emerged as the times require,and further gave birth to ecological compensation system.The operation of ecological compensation depends on a certain theoretical basis.Public product theory and externality theory in the field of economics are the two most important theoretical foundations of eco-compensation.In addition,other subject areas have also proposed this subject.The theoretical basis of eco-compensation.The practice of eco-compensation in foreign countries started early.Eco-compensation in forests,watersheds,grasslands and other fields has achieved certain results.Of course,there are some cases of failure,and its experience and lessons are worthy of reference for our country.Eco-compensation needs to operate in a standardized state,and the rule of law is the only way.Taking grassland eco-compensation as an example,examining the current legislative status of grassland eco-compensation in China shows that China has made legislative provisions on grassland eco-compensation in different levels of laws and regulations,but from a normative point of view,the problem is very obvious.At the same time,from a theoretical point of view,there are many problems in the current ecocompensation legislation.A more obvious problem is that the eco-compensation legislation is not perfect for the regulation of the relationship between mankind and nature.Although the question of the relationship between mankind and nature is an environmental philosophical question,its content is involved in many disciplines,including the field of legal politics.Different subject areas have extensive and in-depth research on this issue from the perspective of their respective disciplines,and have formed the opposition between anthropocentrism and eco-centrism in terms of ecological values.In fact,both ecological values have their own advantages and disadvantages,and they should be coordinated to seek mutual recognition between human society and the ecosystem.There is a "Regulation Theory" in the field of environmental resource law.Its core content is that the adjustment object of environmental resource law should include the relationship between mankind and nature.This breaks through the basic theory of legal relationship in traditional jurisprudence.While being supported by some scholars,it has also received a lot of doubts and criticisms,but the thinking of adjustment theory still has enlightenment on the legislation of eco-compensation,that is,there should regulate the relationship between mankind and nature.The regulation of the relationship between mankind and nature in eco-compensation legislation is divided into structural regulation and operation regulation.The structural regulation is mainly completed by legislative means,and the operation regulation is completed by means other than legislation.In the structural regulation,first of all,it is necessary to legislate on the core elements of eco-compensation,it is necessary to clarify the subject and object of eco-compensation,scientifically determine the eco-compensation standard,expand and broaden the method and source of funds for eco-compensation;Legislation on content,embodying the basic spirit of eco-compensation in the Constitution,rationally setting the legal liability regulations involved in ecocompensation,and promoting the reform of the land property rights system;finally,it is necessary to pay attention to the legislation of the ecological content of the compensation system,and prohibit norms are mainly legislation,and rights-based legislation is fundamental to the rights and obligations model,and environmental and resource law is used as the linking legislation between different legal departments.The operation regulation is mainly completed by means other than legislation,and means other than legislation can be divided into means within the law and means outside the law.Within the legal means,in addition to legislation,law enforcement,justice,law-abiding,and legal supervision are all important links in the operation of the law.Of course,each link has its own requirements,but overall,the good operation of the law needs to grasp two Aspects: First,the good operation of the law is based on the realization of the rule of law,and second,the good operation of the law is in accordance with the level of social productivity.In addition to legal means,it can also be divided into economic means and political means.Economic means focus on the flexible adjustment of market platforms,and political means focus on the rational choice of environmental governance models.Starting from the role of two means,economic means solve the problem of mitigating the contradiction between the utilitarian nature of ecological protection and the profit-by-interest nature of market operation,and political means solve the balance between democracy and centralization in the process of national environmental governance The trade-offs are all effective operating mechanisms provided for eco-compensation legislation to regulate the relationship between mankind and nature. |
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