Legal Consideration On Basic Problems Of Ecological Compensation

This article unifies some scholars' discussion on the ecological compensation theory. It carries on quite comprehensive thorough discussion and proof on some theories of our country's ecological compensation from the important elementary theory question on the ecological compensation legal implication, the characteristic and the nature, the legal relationship ,the standard and the procedure and the improvement of the ecological compensation Legislation. In order to has a benefit for our country's ecological compensation fundamental research and the system construction and consummation.The introduction part explains the background, the theory and the practice significance, the domestic and foreign research present situation in the research on the ecological compensation system. The main text part altogether divides four chapters. The first chapter carries on the legal principle theory of law judgment to the ecological compensation through the limits to the ecological compensation legal implication and the analysis to the ecological compensation's nature and characteristic. It tinks that the ecological compensation refers to the country charges on the development or the use who has caused the control character ecology function to decrease as well as on the control character ecology function mean tenderer and the special fall guy for the realization on control character ecology function continueing supplies, It is a economy and non-economic form repayment and atonement administration legal act. It also analysis the characteristics of the ecological compensation from the purpose of the theme elements, the main elements, the behavior elements and the nature of the acts. The ecological compensation behavior essencally is a kind of administration legal act. It mainly includes the administrative collection, the administrative compensation and the administrative contract. The second chapter elaborates the ecological compensation legal relationship separately from its legal relationship meaning, the characteristic and the constitution three aspects. It tries hard to thorough analy and proof the questions on the ecological compensation to have to be compensated by whom, who is the compensation gives finally as well as the expiator and the by expiator's concrete right and duty from the legal principle theory of the law angle. The third chapter carries on the elaboration on the ecological compensation' s standards and procedure. It tries hard to explorate the huge complex ecological compensation project to be supposed to makeup how many, how should follow the procedure from the legal principle of law angle. The fourth chapter thinks to improve the ecological compensation legislation. The conclusion part reiterates the research significance, points out the research innovation place and this system still has to go a step further place of the research on the ecological compensation system.