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On The Legal System Of Interprovincial River Basin Eco-compensation In China

Posted on:2016-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2271330461966687Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The integrity of basin ecological system demand that the basin administration should work from the angle of the whole basin, break through the limitation of administrative regions and establish a basin-wide ecological compensation mechanism. However, China’s current system of river basin management doesn’t make it clear about the relationship of river basin management and regional management, which lead to the result that the river basin ecological compensation in China are mainly concentrated in a certain province. And the river basin management starting from the angle of the various elements is fragmented, which makes it hard for the various stakeholders within the river basin to achieve the common interests through collective action. As a result, the implementation of interprovincial river basin ecological compensation is faced with lots of difficulties. To break through the dilemma of the system of river basin ecological compensation in China, we must go beyond the current management mode of local government administrative division of the basin. Interprovincial river basin ecological compensation is an innovation system to strengthen the consultation and cooperation between provinces in a certain basin. It is conducive to the realization of the whole basin "shared interests, shared responsibility". Study on the ecological compensation system of interprovincial basin can help to provide legal guarantee for the smooth development of interprovincial river basin ecological compensation.Based on some related research results at home and abroad, and according to the scale and scope of compensation on the interprovincial river basin, the concept and connotation of ecological compensation are defined in this paper. The differences between the interprovincial river basin ecological compensation and the compensation of ecological water diversion as long as the related theoretical basis are analyzed. The relevant laws and regulations and policies of river basin ecological compensation in China are summarized and the current situation of inter provincial river basin ecological compensation system in china are analyzed. Some problems are revealed, for example, the compensation concentrates on certain elements, the interprovincial consultation mechanism has not been built, the compensation responsibility of government is not clear, the public participation mechanism is not perfect and so on. The relevant suggestions for the perfection of China’s interprovincial river basin ecological compensation are summed up through the review of foreign typical ecological compensation practice experience, such as the implementation of integrated river basin management, the perfection of interprovincial consultation compensation mechanism and the protection of the rights of informed public participation.The results of this study are mainly embodied in the fifth part of the article. According to the analysis of background and reasons of the above, four suggestions are proposed to improve the interprovincial river basin ecological compensation system. One is to improve the compensation mechanism of integration. By the way of clearing the relationship between the river basin management and regional management, and placing the watershed management institutions with more functions, to make sure that it can break the administrative regional restrictions, and plan water, soil, air, forests, grasslands, mineral resources and other environmental factors in a whole. At the same time, set the basin ecological compensation management institution inside of the watershed management institutions, which can be responsible for the management and coordination of the various elements of the whole watershed environmental compensation. Two is to establish interprovincial consultation compensation mechanism which includes the work of setting the organization, clearing the negotiation parts and process, so that it can build legal platform for interprovincial consultation compensation. Three is to clear the responsibility of the government, and divide the respective scope of responsibility between the central government and local government at the same time. Four is to perfect the public participation mechanism, by improving the compensation information transparency, strengthen the propaganda of ecological compensation and rationalize and broaden the channels of public participation, pool the wisdom and strength of the masses to jointly promote the smooth development of interprovincial river basin ecological compensation.
Keywords/Search Tags:Interprovincial basin, The legal system of basin ecological compensation, The mechanism of negotiation compensation
PDF Full Text Request
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