Inter-provincial River Basin Ecological Compensation Research

As an aspect of basin ecological compensation, trans-provincial basin ecological compensation has some unique characteristics for the basin covers adjacent provinces. Compared with in-provincial small basin ecological compensation, it is more difficult and complex for trans-provincial basin ecological compensation. Trans-provincial basin ecological compensation must be coordinated and balanced to meet the benefit of various parties, which will be a hard process. In spite of the difficulties, basin trans-region coordinated development should be pushed forward in order to protect the whole basin eco-system, and all the difficulties need to be solved. It is a method to learn the administrative agreements of the field of integration of economy. On one hand, the existing environmental protection administration agreements provide us with the reference, which also shows the administrative agreements used in basin ecological compensation have some basis in reality. On the other hand, there are some defects in the system of administrative agreements, so it is unrealistic to adopt administrative agreements to the field of basin ecological compensation. Some parts of them should be complemented to meet the requirements of trans-provincial basin ecological compensation.This paper is divided into five parts:Some concepts of ecological compensation, basin ecological compensation, and trans-provincial basin ecological compensation are introduced in the first part, namely, an introduction to trans-provincial basin ecological compensation. The concept, meaning, and theoretic basis of ecological compensation are first expounded. Then the concept of basin ecological compensation, its sorts and scope are explained. Finally, the concept of trans-provincial basin ecological compensation is defined as a sub-concept of basin ecological compensation.The second part is named as dilemma of trans-provincial basin ecological compensation in China, analyzing the status and operational difficulties of trans-provincial basin ecological compensation with the method of empirical analysis. Dongjiang River Basin is chosen as the analysis object. Although multiple compensation modes are adopted, good results couldn't be obtained in Jiangxi Province, Guangdong Province and Hong Kong Special Administrative Region. The reasons are as follows:a lack of legislation support, limitation of the rights of basin administrative agencies, poor administration of governments, obstacles of information connection, and difficulties in supervision.The emergence of administrative agreements is explained in the third part. The main contents include concepts introduction, contract theory as the theoretic basis, and trans-provincial basin ecological compensation in the perspective of administrative agreements, etc.. A conclusion that it is feasible to adopt administrative agreements in trans-provincial basin ecological compensation is drawn.The fourth part is called the application of administrative agreements in trans-provincial basin ecological compensation, which is the important part of the thesis. Experience reference, concrete operation, process supervision, responsibility shouldering, and results prospects are analyzed and designed, which expounds how to use administrative agreements in trans-provincial basin ecological compensation. Firstly, the legal experience of dealing with environmental problems by administrative agreements in Spain, Canada, and Taiwan is introduced. Secondly, an agreement sample in concrete operation is written. Thirdly, the co-existence of national public rights and social supervision is advocated. Fourthly, the responsibility nature and ways of shouldering responsibility are set. And finally, the effect perspects of the application of administrative agreements in trans-provincial basin ecological compensation is discussed.The last part is titled as to complemented administrative agreements system, and to promote basin ecological compensation. Considering the defects of existing administrative agreements, the implementation of administrative agreements legal basis is suggested. In addition, the system of solving disputes must be complemented. So the administrative agreements can be operated with other ecological compensation methods, promoting basin ecological compensation.