Research On The Legal Guarantee Mechanism Of Water Ecological Compensation In The Yangtze River Basin Under The Concept Of Green Development

Since the reform and opening up,China has achieved remarkable economic development and become the world's second largest economy.But along with it,are the worsening ecological environment,the gradual exhaustion of natural resources and the increasing social contradictions.As the largest river basin in China,the Yangtze river basin provides water resources for the survival of about one-third of the population.It can be said that the situation of water resources in the Yangtze river basin is directly related to China's all-round construction and long-term development.However,the Yangtze river basin is faced with many problems,such as uneven distribution of water resources and imbalance between supply and demand,due to the long-term emphasis on economy and the neglect of ecology in the development process.In order to solve the current dilemma and achieve the coordinated development of the whole ecology and the harmonious coexistence between human and nature,it is undoubtedly the best choice is to carry out water ecological compensation in the Yangtze river basin to balance the interests of all parties.Due to the vast coverage area and complex interests involved,in order to ensure the directionality and long-term effectiveness of compensation work,the water ecological compensation in the Yangtze river basin needs a strong concept of guidance.The concept of green development aims to realize resource conservation,environmental friendliness,ecological conservation,and promote the coordinated and sustainable development of the overall ecological environment.Water ecological compensation in the Yangtze river basin will not accomplished overnight,in order to achieve more stable and lasting compensation effect,solve many problems in the current compensation process and prevent possible risks,it is necessary to start from the legal level and establish a legal guarantee mechanism to better regulate and protect it.This paper is divided into seven chapters.The first chapter is the introduction.The second chapter is an overview and theoretical basis,mainly discusses the concept of green development and the inherent mechanism of watershed water ecological compensation and the relevant theoretical basis;The third chapter is about current situation,mainly discusses the legislation and practice status of water ecological compensation in the Yangtze river basin under the concept of green development,explores the legal problems existing in the water ecological compensation mechanism in the Yangtze river basin and analyzes the reasons.The fourth chapter is for the experience reference,selects the typical watershed of the United States,Germany,Russia and Australia,analyzes the legal system of water ecological compensation implemented by them,and draws lessons from it;The fifth chapter is about the improvement of legal system,which includes three levels: value orientation,design principle and concrete legal system construction.Chapter six is the operation guarantee mechanism,which provides the mechanism support for the operation of the legal system.The seventh chapter is the conclusion and prospect.This paper innovatively integrates the concept of green development into the research on the legal guarantee mechanism of water ecological compensation in the Yangtze river basin,takes the concept of green development as the value orientation and direction guidance,takes the water ecological compensation in the Yangtze river basin as the research object,and takes the construction of a complete and systematic legal guarantee mechanism of water ecological compensation in the Yangtze river basin as the research purpose.On the basis of collecting and sorting out related literatures about green development and water ecological compensation in China and abroad,the interaction mechanism between green development and water ecological compensation in the Yangtze river basin is clarified from the perspective of green development concept and the connotation,characteristics and nature of water ecological compensation in the Yangtze river basin.This paper reviews the legislative policies and local practices related to water ecological compensation in the Yangtze river basin,analyzes and evaluates the current legal system and problems of water ecological compensation in the Yangtze river basin.Based on a general understanding of the legal protection of water ecological compensation in the Yangtze river basin,draw lessons from foreign successful experience of legal system guarantee of river basin water ecological compensation,follow the value orientation of green development concept,in accordance with the principle of the green development,ecological priority,fair balance efficiency as well as environmental responsibility,from five aspects of the main body,market regulation,macro-control,sustainable development and supporting laws to perfect water ecological compensation legal system in Yangtze river basin.Moreover,in order to ensure the continuous and reliable operation of the legal system,the corresponding guarantee mechanism is built from five aspects,including platform guarantee,incentive and mutual promotion mechanism,benefit sharing mechanism,risk prevention mechanism and dispute resolution mechanism.