Local Legislation Practice Of Ecological Compensation Research Report

None of the legal system should be established from the structure and design out of thin air,but in summing up the experience of success and promote its legalization gradually.For now,specific legislation of ecological compensation in our country is still in the absence.Relevant laws and regulations existing scattered in numbers of special law of environmental protection with not systemic and lacking of co-ordination.Some pilot provinces and city's local people's congress and its government have tried to build the ecological compensation legal system as the goal of local legislation in the pilot provinces and cities whose legislative conditions is not yet mature.Its local government and its departments also enacted many tentative ecological compensation regulatory documents.These targeted normative documents is concentrated by the regional ecological compensation practices.At the same time also is the prototype of the future ecological compensation local legislative text.So the problems should not be ignored by the environmental law scholars.This article comb the ecological compensation of normative documents produced by local legislation practice since 2007 throughout our country systematically,to find common problems,refine edge experience,sum up the pilot ecological compensation legal situation in our country,in order to improve the local legislation system for ecological compensation in China.This paper structure is as follows:In the first part,the author local legislation practice of ecological compensation is steady progress through the macro data statistics,regional emphasis for the ecological compensation system is gradually enhanced,the sum of special laws are increased.But the legislative level is low,the text is irregular.In local legislation practice of the main types of ecological compensation statistics section,the author compared the number of relevant legislative text,preliminary judgment out of the water,air quality,comprehensive ecological compensation should be the three types of ecological compensation emphasis of local legislation.The second part,relies on the transverse comparison of ecological compensation of local legislative text,the definition,principles,selection way,standard four aspects,detailed discusses the existing local legislation practice problems in the content of ecological compensation,including basic concept extension definition is not clear,the basic principles and guidelines confused,sole compensation way,the four compensation standard setting is not science.Third,in the implementation of the local legislation of ecological compensation effect analysis section,The author takes the representative and the maturity of the air quality in Shandong province,the surface river of Henan province,the comprehensive ecological compensation effects of Suzhou city as the research object,effectiveness analysis to further push the laws that quality problems.And analyze to further laws' quality problems.Finding loopholes of the local legislation practice play a warning role in order to improve the future system design.The fourth part,the author demonstrates the necessity and feasibility of further perfecting the local legislation of ecological compensation.Improve the local legislation of ecological compensation is to realize the sustainable development of local need,more can promote national legislation scientific ecological compensation to make good bedding.While relying on academic research,policy practice,the local pilot experience accumulation,the conditions to further improve the local legislation of ecological compensation has been basically mature.The fifth part is the perfection of local legislation advice some ecological compensation,The authors conclude that unify the basic connotation of the concept of ecological compensation,guiding principles,by setting the scientific standard of compensation,improve the effect of ecological fiscal transfer payment and earnestly safeguard the rights of ecological compensation,and make a good groundwork for market compensation and non-cash compensation innovation.In order to achieve these goals,and normalize the local ecological compensation legislation procedure,National People's Congress at all levels play a core role of local legislation in the ecological compensation.Improving the quality of public participation and the establishment of an ecological compensation after local legislation assessment mechanism,make a safeguard of the implementation of judicial relief function.