Research On The Legal System About Ecological Compensation In China

With the development of social economy,the imbalance of the distribution of ecological benefits has resulted in more and more social contradictions and instability.In the scope of the basin space,affected by the laws and policies of the state or local areas,the upriver area protect the ecological environment of the basin by sacrificing their own economy development,while the middle and lower reaches of the basin are ecological beneficiaries,who don't need much time and energy to give up economic development in the ecological protection,and enjoy the welfare brought by the social and economic development,but also enjoy a good ecological environment.The ecological beneficiaries possess the benefits of the ecological environment at any time,but the ecological conservationist of the watershed doesn't get the corresponding ecological compensation.The imbalance of social and economic development and the imbalance of ecological protection will deepen the contradictions between the main body in the sphere of the basic,which make them live out of harmony.That will affect the stable and harmonious development of the social economy and natural ecology of the basin.On the one hand,to protection the environment of watershed ecology,we should protect natural resources and improve the use efficiency of natural resources.On the other hand,it is necessary to deal with the right and obligations of the bodies who is related to basin ecology.Basin ecological compensation for ecological protection,for it focuses on balancing the social and economic development and the responsibility of ecological protection,and promoting the establishment of state ecological security and civilization.However,the system of basin ecological compensation does not play its due role because of the short term practicing and limited spreading.China has not issued specific laws and methods of implementation in legislation,only has made a principled provision on the part of the ecological compensation system.Many legal basis for ecological compensation exist in different special regulations and departmental regulations,and there is not a relatively unified provision for compensation.In terms of policy,the state has no corresponding support.So the implementation of ecological compensation system lacks objective conditions and execution environment.In response to the appeal of establishing ecological civilization by the Party Central Committee,for the long-termdevelopment of the ecological environment in China,and to deal with the relationship between ecological protection and social economic development,we need to be established in the organic integrity of the basin ecosystem and establish a legal system for ecological compensation in the basin.Ecological protection is objective and aimed at the external protection of the natural environment,and the ecological compensation system which we implement can improve the ecological protection effort from the internal multi-angle,moral citizen and the awareness of environmental protection,realize the value of the ecological nature of the river basin,and pursue the social value of fairness and justice.The objective establishing the legal system for ecological compensation is not treat the ecological character fairly,balance the ecological protection rights and obligations of the region through economic means,promote the sustainable development of the social economy in the basin,strengthen the protection of the ecological environment,and realize the harmonious coexistence of human and nature.The first part of this article discusses the background,purpose and opinions of this paper,and highlights the importance of improving the legal system of basin ecological compensation in China.In addition,combing research at home and abroad,the ideas of writing and the research methods that adopted and briefly explained.The second part of this article summarize the correlation theories of the basin ecological compensation legal system.First,we define the concept of ecological compensation from the perspective of law,and introduce the basic content and main characteristics of the basin's ecological compensation system.Secondly,from the perspective of economics and law,we analyze theoretical foundation of the basin legal system of compensation.In the third part,of this article the development of the legal system of ecological compensation in China is summarized,and the development process of the legal system of ecological compensation in the basin is clearly displayed in the from of tabular form.Through the field research in the practice of the basin legal system of ecological compensation in Liujiang River and the enumerating of other legal practice in China,the shortcoming of the legal system of ecological compensation in China are comprehensive analyzed.The fourth part of this article has combed the practice of the legal system of ecological compensation abroad,mainly including the United States,Germany and Australia.Through the analysis of the practice in this three countries,it summarizes the useful experience of how to perfect the basin legal system of ecological compensation in China.The fifth part of this article,the author understand the shortcoming of basin legal system of ecological compensation in China through the summary and analysis of the foregoing.On the basis of the practical experience of foreign countries and on the basis of actual situation of China's basin,some imperfect suggestions are put forward: the principle of the legal system ofecological compensation,the way of compensation,the source of funds and the supervision measure should be clearly defined.In the conclusion part,the author summarizes the research of this article.