The Construction Of Marine Ecological Compensation Institution Of China

Owing to the growing scarcity of land resources, the marine resources are increasinglybecoming the basis of the survival and development of human with the ocean economy boom.Ocean has a wide range of economic value, social value and ecological value. China has theadvantage to develop a green marine economy because of rich in marine resources. But for a longtime, the maximum of resources and economic benefits under the market economy system forcehuman to pursue economic value and social value of the Marine resources, neglect the ecologicalvalue of ocean as an ecosystem. The marine unreasonable development and excessive use makesthe bearing capacity of the marine ecosystem severely weakened, even is in danger of collapse. It isutmost urgency to bring in the Mechanism of Marine Ecological Compensation. However, thedomestic law related Marine Ecological Compensation is relatively less or even no.Mainly adopts the theoretical research method, this paper makes a comprehensive systemresearch in four parts on the construction of law mechanism of Marine Ecological Compensation inChina.The first part put forward through relevant concepts of Marine Ecological Compensation byanalyzing the Ecological Compensation theories. This part introduces the definition of EcologicalCompensation. On this basis, defines the concept of Marine Ecological Compensation, takes adiscussion on the theoretical foundation of Mechanism of Marine Ecological Compensation fromthe public goods theory, the externality theory, the value of ecological environment theory and thesustainable development theory and so on four aspects to discuss the of system, and defines theconcept of the Mechanism of Marine Ecological Compensation.The second part makes an analysis on legislation and practice of Marine EcologicalCompensation of China. This part combs the relevant policies and laws on Marine EcologicalCompensation, focusing on the analysis of legal practice on Marine Ecological CompensationShandong province.The third part makes a analysis on the difficulties and legal needs of the Mechanism ofMarine Ecological Compensation. This part discusses the difficulties respectively from aspects oflegal system, property definition, legal relations, compensation standard and sources of funds the Marine Ecological Compensation in China, and puts forward the necessity and feasibility of legalprocess of Marine Ecological Compensation in our country.The fourth part is mainly to put forward suggestions zon construction of the Mechanism ofMarine Ecological Compensation. This part mainly takes a discussion from the perfection of lawsystem, the definition of legal relationship, the establishment of compensation standard.