The Perfection Of Ecological Compensation System In Perspective Of Social Equity

Based on theory and practice of the method of combining launched by the introduction advanced ecological compensation system in other countries, author practice on the basis of concrete application of conceptual analysis, comparative analysis, case analysis to study the law system of ecological compensation in our country. In this paper author mainly use the experience of other countries about the theory and practice of ecological compensation, and in perspective of social equity to analyze the basic problem of ecological compensation system in our county. This paper refers to the definition and theoretical foundation of ecological compensation, the law system and remedy of ecological compensation. On the basis of analyzing successful experiences of other countries and combining our truth, author advance some tentative ideas to improve and perfect our law system of ecological compensation.The article is divided into the introduction, body and closing three parts.Introduction briefly introduce the meaning of ecological compensation research, the present status of the research at home and abroad. In recent year, the research on the ecological compensation has become a hot issue in the field of ecological environment building. Scholars have been done a great quantity theory researches and explorations, many countries have advanced researches and successful practice cases. In our country, there are many ecological compensation policies implemented in some areas, but it is in exploratory phase. Structuring a wholesome and perfectly law system of ecological compensation is the urgent need in ecological environment construction in China, and the important measure in the course of building ecological civilization and harmonious society.The text is divided into four chapters.Chapter one is relate to some basic problem of ecological compensation and the law theoretical foundation of ecological compensation system. Because of different angles, scholar pose many different conception of ecological compensation, because of according to different standards, ecological compensation is divided into many patterns. In perspective of social equity, author analyzes some typical conception, obtain an appropriate conception of ecological compensation, and consider the ecological compensation is divided into two patterns, nation ecological compensation and social ecological compensation.It is important to interpret why nation need the law measure to distribute interest among different parties of ecological compensation, and to verify, in theory, the necessity to bring ecological compensation into law control. The law theoretical foundation of ecological compensation system has three sides, environment right theory, environment justice theory and sustainable development theory. Environment justice theory is most important, which indicate social justice in the field of environment law.Chapter two is relate to the imperfection of ecological compensation system. Against China ecological compensation system implementation, auother analyzed the imperfection of ecological compensation system. The imperfection include lacking of a wholesome legal norms and legal systems; the standard of ecological compensation is unfair; the principle of legislation of ecological compensation is nonunity; lacking of a evaluation system of ecological compensation; lacking of the consideration of social justice and compensation conception.Chapter three is relate to the condition and experience of ecological compensation in other countries. Many countries have obtained mature theory and successful cases, such as American, German, Switzerland, France, Costa Rica and so on. These countries have many successful cases in agriculture, mineral exploitation, forest resource protection and water resource protection, and pay attention to protect public interest and social justice, obtain favorable environmental benefits and economic returns. Apart from introducing successful cases, author analyzes the shortage of our ecological compensation, summary some useful experience to improve our ecological compensation system.Chapter four is relate to the perfection of ecological compensation system in China. In view of the shortage of our ecological compensation system and actual situation of development, author put forward some proposal to improve our law system of ecological compensation in perspective of social justice. First, establish law and regulations of ecological compensation. Second, crystallize scope and standard of ecological compensation. Third, establish appropriate pattern of ecological compensation. Fourth, remedy of ecological compensation in law. Fifth, put public participation into ecological compensation system. Sixth, establish evaluation system of implementation of ecological compensation.Conclusion part. A wholesome law system of ecological compensation cannot live without exploring and practicing chronically. Because of special condition of our social development, our ecological compensation system has many problems. Now, some scattered polices of ecological compensation perfect economic returns. Ecological compensation system is short of considering social justice. The most important problem is lacking a wholesome law system of ecological compensation. Establishing a perfectly law system of ecological compensation is urgent need in our ecological environment construction, which is also a important measure to construct ecological civilization and harmonious social and promote environment protection. Of course, in view of the author's theoretical foundation is weak, the foreign possession of limited information, coupled with the lack of practice experience, this study need more exploration in the future.