Civil Law Problem Issues Research Of Ecological Compensation Of Market-oriented Watershed

Water resources is an important part of environmental protection,but also an indispensable natural resource for human life.It relates to the development of social economy.Watershed ecological compensation is one of the ways to realize the sustainable utilization and development of water resources.The Watershed ecological compensation is one of the ways to maintain the ecological environment of the river basin both at home and abroad.In 1970s,foreign countries began to explore the ecological compensation of river basin,and successfully led by the government led to the market,to carry out the practice of market-oriented ecological compensation.China’s ecological compensation in the basin is mainly dominated by the government,the administrative color is strong,the market main body participation rate is low,the right to speak is small.There is a confusion in the theoretical research and some normative documents about the basin ecological compensation and watershed damage compensation.In practice,there are some questions.For example,the relationship between ecological compensation of market-oriented watershed and water rights trading,emission trading can be simply understood to be included and contained.And the object,subject and content of the ecological compensation of market-oriented watershed are not clear.The negotiation mechanism of the ecological compensation of market-oriented watershed is not perfect.The ecological compensation of market-oriented watershed can compensate for the disadvantages of administrative ecological compensation for a long term.It can also comply with the development trend of ecological compensation in the basin and promote the development of ecological compensation in the basin.Therefore,it is of great theoretical and practical significance to further study the problem of the civil law of the ecological compensation of the basinThis article is divided into four parts.The first part of "the theoretical basis of ecological compensation market of the basin",analyses different points of view analysis of the basin ecological compensation concept,defines the concept of the basin ecological compensation,contrasts different types the basin ecological compensation,proposes this article’s research object,elaborates the theory of the marketization of River Basin ecological compensation.The second part of "the civil law problems of ecological compensation of market-oriented watershed",starts from the civil legal relationship of ecological compensation of market-oriented watershed,and then describes the form of ecological compensation of market-oriented watershed,puts forward specific law problems of ecological compensation of market-oriented watershed.The third part of "the study on the legal system of ecological compensation in the basin and the reference of foreign practice",analyses the current.situation of ecological compensation of market-oriented watershed from the existing laws and regulations in China,absorbs the beneficial experience of compensation of market-oriented watershed in foreign,initiates the beneficial thinking of ecological compensation of market-oriented watershed in China.The fourth part of "the perfection of the civil law rules of the ecological compensation in the market-oriented watershed",combines with the present situation of ecological compensation in the present stage to put forward suggestions for improvement around the core issues about the basic principles of civil law of the ecological compensation of market-oriented watershed、to establish a fair and reasonable compensation standard for ecological compensation and the way of civil legislation of the ecological compensation of market-oriented watershed.The purpose is to promote the development of ecological compensation in the basin by perfecting the civil law of the ecological compensation of market-oriented watershed.