| This paper mainly studies and analyzes on the improvement of China’s agricultural ecological compensation legal system, and aims to current situation of domestic and foreign compensation, learn from foreign advanced theory and practice on agricultural ecological compensation system, and try to establish and perfect the legal system of our country’s relative suggestions, perfect the legislation as a reference, and legal system as the criterion to promote our country agriculture ecological compensation, to protect the ecological environment, safeguard the interests of the compensation related party’s legitimate rights and interests, establish the whole people’s ecological protection concepts, practicing the scientific development concept, and the concept of sustainable development, realize the harmonious socialist society. The author mainly analysis from the following aspects:The purpose and significance of agricultural ecological compensation legal system research, the concept and contents of the agricultural ecological compensation, discuses from the fairness and justice value of legal needs, interests related party rights, the concept of sustainable development and practice, probes into the necessity of research on compensation system. In-depth study and illustrate the present situation of foreign agricultural ecological compensation legal system, mainly lists American agriculture ecological protection incentive policies, such as the United States Conservation Reserve Program (CRP), United States, Environmental Quality Improvement Plan (EQIP), etc. This paper analyzes the foreign agricultural ecological compensation of experience and the insufficiency, and compared with China’s current law and implementation status, so as to perfect China’s compensation system for reference. Explain the present situation of agricultural ecological compensation legal system, focuses on the instructions of the agricultural ecological compensation in our country in the systematic of legislation, compensation standards, compensation funds channel, compensation examination and approval procedures, enforcement and the problems existing in the supervision. The author makes the thorough theory and practice as a foundation, comprehensive full text analysis, give perfect our country agriculture ecological compensation legal system advice, and with "four interactive subject":executive subject, compensation subject, compensated subject, supervision subject as the research objects, to analyzes the relationship during the four subjects of agriculture ecological compensation legal system.In this paper, the author considers that, to perfect China’s agriculture ecological compensation legal system, we should focus on optimizing the compensation standard, clear compensation object, perfect the compensation methods, and expand the compensation sources of funds perspective, establishing the basic law of agriculture ecologies, confirm the rights of compensation,. In addition, to strengthen the supervision of the agricultural ecological compensation in the process of legislation and enforcement are the indispensable procedure, to ensure the enforcement of its affiliated enterprises, institutionalization, transparent, guarantee compensation subject and be satisfied with the legal right, so as to maintain the law of fairness and justice, enhance China’s agriculture ecological compensation according to law, and developed more healthily. |
PDF Full Text Request