Research On The Application Of Administrative Contract In River Basin Ecological Compensation

China's vast territory,rich resources,seven major waterways extending in all directions.However,under the long term,the river water quantity becomes smaller and the water quality becomes worse,and the operation state of the ecosystem is no longer ordered.Administrative management is one of the important reasons for the difficult management of the river basin.Ecological compensation is an effective means to improve the ecological environment of the river basin,and it is difficult to display between the upstream and downstream governments in different administrative regions.Xin'anjiang pilot appeared to break the deadlock.Anhui and Zhejiang provinces through the signing of the administrative contract approach,the cross-section of the border water quality billion pairs of gambling,the establishment of cross-administrative areas within the watershed to carry out ecological compensation in the new model,and achieved good results.Now the three-year pilot period has passed,the second round of the Xin'anjiang ecological compensation administrative contract has been signed,as a model of the practice of compensation continue to emerge,China's watershed ecological compensation work has been opened from the situation.Because there are no special legislation on ecological compensation and administrative contract in our country,there are a series of legal risks when we conclude the administrative contract for the purpose of ecological compensation,Including whether the two governments have contractual obligations,whether the contracting parties are appropriate subjects,and whether the administrative contracts concluded are in line with the mechanism of ecological compensation.According to the analysis,first of all,environmental law stipulates that the government environmental goal responsibility determines the government has the right to take various means to improve the environmental quality of the region,and naturally includes the environmental quality of the river basin;Second,although there is no direct legal basis,but in the Basic Law and the relevant single law is not difficult to find the local government has the power to deal with environmental disputes through consultation,in consultation with the signing of the relevant contract is the meaning of the meaning;Finally,the contract with the upstream and downstream pairs of gambling,may have the form of compensation,does not violate the ecological compensation mechanism of operation.The polluter burden and the principle of beneficiary compensation are the same and not completely contradictory.Downstream government compensation to the upper reaches of the government is based on the upstream government in order to improve the water quality of the basin pay the price,the upper reaches of the government compensation for the downstream government because the upstream government sacrificed the quality of the basin in exchange for development opportunities,so that the downstream government environmental damage.After establishing the legitimacy of such contracts,it is necessary to further analyze its specific application,and then put forward a perfect path for its promotion to reduce the obstacles.First,such contracts vary according to the administrative level of the contractor,and the effectiveness levels are different from those of laws,administrative regulations and regulations,Second,in the state under the mandatory water quality standards,the downstream government does not have the responsibility to compensate the upper reaches of the government,the two sides should be based on the main requirements of the water quality requirements to distinguish between different responsibilities;Thirdly,in the process of contracting,in order to ensure the disclosure and transparency of the contract,the construction of the preliminary contracting platform,the assessment of the water quality of the river basin;the medium-term public participation;the timely and timely filing is an indispensable link;Fourth,the source of compensation funds depends on the perfection of the horizontal transfer payment system,the use of compensation funds depends on the more flexible management of compensation funds;Fifth,in the event of a dispute in the performance process,if the two sides can not resolve the dispute through the way,you can make the river basin management agencies or the two sides of the common higher level government as a neutral dispute mediation,And then by means of litigation as the ultimate means of settlement by the parties to the common level of the higher administrative level of the court in accordance with the "Administrative Procedure Law," the relevant provisions of its trial.