Research On Legal System Of Ecological Protective Compensation Of Wetland Under The New "Environment Protection Law"

Wetland,widely distributed all around the world,is located in the transitional zone between the terrestrial and aquatic ecosystems.It is an important part of river ecological protection system,and has powerful purification function with fixed pollution and purifying water ecosystems on earth,and it also plays a significant role in ecological balance.Our country is quite rich in wetland resources,and wetland has been playing an important role in environmental protection for a long time.But in recent years,the wetland resources have been developed irrationally,for the reason of the blind pursuit of economic growth,and then all kinds of environmental problems come one after another.In order to protect wetland resources and reduce the occurrence of nature disasters,China has begun to pay high attention to the protection of wetland and did some substantial efforts on protection of wetland’s ecology.Ln 2014,the newly revised "Environmental Protection Law" clearly put forward that "country to establish and improve the system of compensation for ecological protection",and its explanation for the range of ecological compensation covers seven aspects including wetlands,which fully illustrates that China has come to realize the compensation of ecological protection, especially the importance and the urgency of the compensation of ecological protection of wetland resources.Currently,the relevant departments of China have issued some regulations on policy and legal level,some local governments also have tried to make some relevant regulations and measures,and these measures on wetland’s protection may indeed make some difference.But if we really want to achieve the purpose of wetland resources protection,it’s not enough.Practice has proved that the legal method is the most effective method for wetland ecological environmental protection.But until today,at the national level,there is not any specific law on wetland protection as on forests and oceans,which has weaken the supervision and protection efforts at some extent.For this,the relevant legal department and the legal professionals must make joint efforts to establish the wetland ecological compensation legal system as soon as possible to realize the purpose of protecting wetland ecological resources.In this thesis, under the new environment,the author elaborates the connotation of the wetland ecological compensation,the need to establish legal system,the theoretical basis and the status;by comparing the foreign ecological compensation legislation status, points out the existing problems in the compensation system of ecological protection in China;and try to put forward some simple ideas on establishing the legal system of wetland ecological protective compensation,aiming at making the modest contribution to the establishment for the legal system of wetland ecological protective compensation.In addition to the introduction and conclusion, this thesis is divided into five parts. In the first part,by analyzing the provisions of ecological protective compensation in the new "Environmental Protection Law",the author summarized the connotation of the ecological protective compensation, to determine compliance with the new syntax and semantics of the scope of compensation mechanism for ecological protection. In the second part, the author will introduce the four theoretical basis of the establishment of the legal system of ecological compensation of wetland protection,including sustainable development theory, ecological environmental value theory, external theory and public goods theory.These are the basic theories of the establishment of the legal system of the wetland ecological compensation. In the third part,the author first introduces the provisions of China on the protection of the wetland ecological compensation on policy level and legal level,and the relevant provisions in extraterritorial protection of wetland ecological compensation legislation, through comparative analysis,points out the inspiration for the legislation of ecological protective compensation in China.The fourth part is the focus of this paper, introducing the real difficulties encountered in the process of wetland ecological protective compensation, including the technical aspects of legislation, management system, compensation system level and environment level of legal awareness.The fifth part is the priority among priorities in this paper,it further elaborates the practical obstacles in establishing wetland ecological compensation legal system that have mentioned above,and then boldly putting forward suggestions on the establishment of wetland ecological protective compensation legal system according to the problems.