Research On The Legal System Of Ecological Compensation In National Parks

It is an important content of the system construction of ecological civilization in the new era of China to establish a natural reserve system with national parks as the main body.Successively set up in China since 2017,including three national parks,ten national park,and on the basis of the experiment put forward to establish and perfect the protection mechanism for ecological compensation,in the field of special national park ecological compensation policies should be improved,from the aspect of legal system is formed for the most stringent protection of national park in China.Therefore,as an important part of the national park system construction,the national park ecological compensation legal system not only needs to continue to improve and develop on the basis of the practice of the existing ecological compensation legal system,but also needs to adapt to the needs of building national parks with Chinese characteristics.This article uses literature research,data research,comparison research method with three national park as an example,the legal problems of the ecological compensation legal system is analyzed,and then combined with the practice condition by the principle of law to analyze its reasons,in the summary and draw lessons from the current outside national park in the form of ecological compensation legal system for a long period of time,on the basis of ecological compensation legal system of our country national park to make recommendations.The main contents of this paper are as follows:The introduction mainly expounds the significance of studying the legal system of ecological compensation in national parks and summarizes the research trends at home and abroad.The first part,from the practice of the legal system of ecological compensation in sanjiangyuan national park,puts forward three major problems: the content of the legal system of ecological compensation innational parks is not comprehensive,the legal supervision of ecological compensation in national parks is lacking,and the legislative system of ecological compensation is not perfect.The second part,from the practice and theory of ecological compensation in sanjiangyuan national park,analyzes the causes of the problems.Based on the analysis of the reasons for the incompleteness of the basic contents of the law,the paper points out that the practice foundation of ecological compensation is weak,the ecological compensation standard lacks scientific guidance,the horizontal ecological compensation mechanism lacks specific operability,the relationship between rights and responsibilities is unclear,the ecological compensation is diversified,and the market ecological compensation is in the exploration stage.Based on the analysis of the reasons for the lack of legal supervision of ecological compensation,this paper puts forward three aspects: the unclear division of the responsibilities between the state and local governments,the influence of the traditional assessment method based on economic indicators,the strong guidance of ecological compensation administration,and the weak awareness of people's participation in community management.The reasons for the imperfection of the ecological compensation legislation system include the late introduction of ecological compensation into the law,the immaturity of the special legislation conditions,and the limitations of the traditional legal mode of natural ecological protection.The third part,the ecological environment value theory,marxist ecological theory and its theoretical development,public goods theory and externality theory are expounded,and the practice of sanjiangyuan national park is combined with theoretical analysis,to explore the theoretical support for the establishment of national park ecological compensation legal system.The fourth part,mainly from outside the three national park,elaborates the ecological compensation legal system present situation analysis,and summarizes the advanced experience,which proposed to the national park,ecological compensation legal system in our country the basic content,horizontal ecological compensation legal system construction,community public participation system of the three aspects of enlightenment.The fifth part,aiming at the existing problem of national park,ecological compensation legal system put forward the corresponding perfect idea: improve national park ecological compensation legal system this paper the specific content of the extension and identify national park ecological compensation of related interest subjects,scientific and reasonable compensation standard,a set of elastic national park in horizontal ecological compensation of river basin as the link path,to explore the ecological compensation legal mechanisms of marketization;In terms of strengthening the legal supervision over the ecological compensation of national parks,it proposes to clarify the functions and powers of all parties in accordance with the law,establish a power list,legalize the ecological performance assessment of national parks,and establish a variety of legal mechanisms for public participation.In the construction of national park ecological compensation legal system to propose the national park ecological compensation legislative path choice.