Construction Of "Hematopoietic" Ecological Compensation Legal System Of Marine Fishery Resources

Since1950s, in order to solve the resources consumption and ecologicaldestruction in the economic and social development, some countries and regions havetried to use the economic instruments to adjust people’s production life, gradually,formed a way to protect resources named ecological compensation. Up to today,whether in theory or in practice, the ecological compensation has launched anextensive discussion an research in the world, domestic and foreign scholars have putmany forward suggestions. These suggestions are playing an important role inimproving the ecological environment quality and people’s awareness of ecologicalprotection.Hematopoietic ecological compensation is a choice of ecologicalcompensation in terms of transfusional ecological compensation. Transfusionalecological compensation is a compensation which his compensational blood is sentdirectly to the compensated-subject, to meet their economic losses. While thisapproach can be a timely and effective method in meeting the losses of productionand life, later it is always faced with the problems of insufficient supply. Once thecompensatory payments are not in place, the entire chain of ecological compensationwill be paralyzed. The hematopoietic ecological compensation is sought by the wayof artificial arrangements of projects to promote the compensated-region’shematopoietic-ability, and these projects are almost financed by the compensationalblood. Changing the past ecological compensation mode which transfers the fundsdirectly, not only compensate the damaged ecosystem function, but also form neweconomic industry in these compensated-regions, so that the external compensationcan be changed into the self accumulated ability and self developing ability, whichwill guarantee the stable and extended development between the economics and thenenvironment.The discussion of the construction of hematopoietic ecological compensationlegal system of marine fishery resources is in the light of the marine fishery drying upday byday in th recent years, which has been a serious threat to the coastal residents’ life and production. Now, the research on marine fishery resources ecologicalcompensation is still in the initial stage. Although there have been a lot ofhematopoietic ecological compensation practice in marine fishery resource, such asthe artificial fish reef, fish resources enhancement, and so on, but the research mostlyexists in the natural sciences regions, such as valuing the fishery resources and themarine ecological environment, or in the field of the management and regulation ofmarine resources. On legal system, the research has been seldom.The fishery resources has been continued to slide in recent years, to response tothis threat to the fishermen and fisheries economics, building the construction ofhematopoietic ecological compensation legal system of marine fishery resources isof great urgency. Only to regulate the compensators’ duty, the standards andcompensation methods, to make the source and purpose of compensatory paymentsclear, can we ensure that the ecological compensation of marine fishery resourcesevolved into a new pattern using，compensation and regurgitation-feeding. Inorder to ensure the reasonable right to survival and production and the stableeconomic development, we must solve the unreasonable factors in the practice offishermen’s reproduction and re-employment. This paper is based on the fieldinvestigation of the fishery development and ecological compensation condition inZhejiang Province and Shandong Province, takes the construction of legal system asits starting point to study on the hematopoietic ecological compensation of marinefishery resources. By promoting the construction of hematopoietic ecologicalcompensation legal system of marine fishery resources, through the research on thedevelopment of hematopoietic ecological compensation, the arrangement ofcompensators’ right and duty, the standards and compensation methods, and theresearch on the ecological compensation funds, the purpose of this article is to obtainthe recovery and the stable and long-term development of fishery resources andmarine ecological system, so we can meet the needs of the coastal residents’ normalproduction and the sustainable development of fishery economy.