Study Of Ecological Compensation Legal System

The natural environmental conditions complicate and vary in China, but nature resources for average person are serious shortage. And in order to pursuit the economic interest people engaged in predatory exploit nature resources for a long time which resulted in serious destruction of nature resources. The ecological environment has become big problem in China.For this reason disadvantage and lack of system plays an important role. In particular the legal system for regulating people's economic behavior is lack. The imperfect and shortage of the ecological compensation leads to lack of the legal basis and rules for ecological compensation mechanism. The results are: on the one hand, the free use of ecological resources and lack of economic constraints for the "free-riders", and the unlimited development and utilization of ecological resources; on the other hand, which has negatively influent people's enthusiasm to improve the ecological environment, and limited the contribution ecological maintenance and construction in the society. Therefore the legal system for ecological compensation is an important link in the ecological construction in China.In China the ecological environment protection, restoration and construction work, compensation for the ecological environment launched exploratory experiment. Ecological compensation mechanism has also begun to take frame, and achieved certain results. But ecological compensation mechanism has become big gap and shortage in the formation of the legal system for environmental protection. Although there are some separate laws or local laws provide ecological compensation provisions , but these laws is only directed against a certain ecological elements or a particular ecological region which also ranks low position in the legal system of environmental protection. China does not have uniform regulations for ecological compensation. In deed, since China has taken the way of "destruction then construction", which arises out the ecological compensation has extended the big "historical debt" of compensation. The achievements are only in the controlling the degree of ecological deterioration, and has not been fundamentally control the tendency of ecological deterioration. Obviously, the ecological compensation has been behind the requirement for ecological maintenance and construction. Thus the legal system for ecological compensation could not be established. Therefore establishment and improvement of the ecological compensation legal system has great significance in China.Ecological compensation has become hot issues in the field of ecology, environmental economics, environmental management and sustainable development research. This paper based study on the legal system of ecological compensation which consisted in four chapters.Chapter I, at first, analyzed the meaning of the ecological compensation. This part demonstrates the definition of ecological compensation, and analyzed the legal relationship of ecological compensation that shows the Necessity of establishing ecological compensation system. In order to better understanding and knowledge for next chapter took a basic illustrationChapter II, according to the legal provisions and theoretical basis, discussed the legal basis and the theoretical basis for the establishment of ecological compensation system, and the excavation cultural of ecology then concluded both the reasonableness and basis of the ecological compensation from the perspective of the customary law.Chapter III, introduced the legal system of ecological compensation and its practice in China, and pointed out the shortage of legislation and law enforcement for ecological compensation. Emphasized the following analysis on several aspects: From the legislative point of view, the principles of the law are too abstract, the lack of specific provisions of sub-laws, as well as losing of support by related legal system, the lack of local legislation and so on; From the law enforcement point of view, the market proportion did not play, the undeveloped people's environmental awareness, as well as the disorder of management system.Chapter IV, demonstrated the devices for improvement of the legal system of ecological compensation our country, discussed the improvement of the legislation of the ecological compensation and the studied the specific designing and improvement of main system for ecological compensation.the main system are such as property rights, public participation in the system, fund system of ecology, as well as increased market share in the implementation of the ecological compensation.In this paper, "Sanjiangyuan Nature Reserve" uses in discussion and analysis as an example. "Sanjiangyuan Nature Reserve" has most important position in the ecosystem in China even in the world. Moreover the Sanjiangyuan region is not only can be said to be the best example for the ecological compensation, but at the same time it involved the western compensation, the compensation for the areas of ecological functions , district level compensation et. This place also is a main base of expertise for the policy of "returning farmland to forests, grazing retired grass". In this paper, it is selected as example in numbers of part to testify the feasibility of studies, and related with the realistic.