| The ecological compensation mechanism with the benefit compensation as the core is an effective way to regulate the water ecological protection of the Yangtze River Basin.The current model of water ecological compensation for the Yangtze River Basin is still the government-led macro-ecological compensation,ignoring the compensation for the property rights of the aquatic ecology of the Yangtze River Basin,resulting in a relatively weak system of water resources in the Yangtze River Basin.In this paper,the study of water ecology compensation in the Yangtze River Basin focuses on the compensation of "property rights compensation" and "compensation of market mechanism",in order to make up for the shortcomings of the current macro compensation of the Yangtze River Basin,hoping to construct a reasonable ecological compensation mechanism.In this paper,the types of water ecology compensation in the Yangtze River Basin are deduced based on the type of legal research paradigm,which is based on the specific ecological benefits such as "water quality","water quantity","water energy" and "water ecological space" Legal Issues.I put forward the core of the recommendations:Firstly,the compensation mode:improve the compensation for property rights.The compensation measures of the ecological benefits of the Yangtze River Basin are mainly compensated by the macro ecological benefits.The government’s compensation measures(financial transfer,project support and policy tilt)act directly on the ecological environment protection and restoration,and ignore the individual behavioral interests compensation.The ecological compensation of the author should be the compensation of the compensation of ecological benefit compensation and the double compensation model of individual behavior compensation of "compensation for ecological protection property rights".It should identify the Yangtze River Basin water resources protection interests,identify the Yangtze River Basin water resources protection interests,improve the Yangtze River Basin water resources protection property rights system to improve.Secondly,the compensation channels:improve the market mechanism compensation.Another feature of the current compensation for water ecological protection in the Yangtze River Basin is the government-led compensation.While the use of state administrative forces to implement fiscal transfer payments,policy tilt and project support and other compensation measures have obvious advantages of compensation,and can overcome the lack of compensation funds and other temporary difficulties,but this government-led compensation path is not perfect.The author thinks that the market compensation path should be introduced in the Yangtze River Basin,and the market compensation method represented by water resources fee and water right transaction should be implemented on the basis of property right leg law to play its flexible benefit allocation function and realize the linkage effect of interest compensation.Thirdly,the compensation funds:improve the compensation fund specifications.The compensation of funds is an important form of water ecological compensation in the Yangtze River Basin,and the allocation of compensation funds is also an important guarantee for the compensation of water ecological protection interests in the Yangtze River Basin.Compensation fund management allocation of direct role compensation object,which requires the subject to be compensated and is a fair compensation.So,in this context,the law needs to respond:Where does the money come from?Who will manage the allocation of funds?How is the allocation of funds allocated?What is the basis for the allocation of funds management?This is the Yangtze River Basin ecological compensation mechanism to improve another key. |
