Study On Marketization Of Ecological Compensation Legal System In The Process Of Urbanization

While China's urbanized development has made remarkable achievements,it has also brought about many new environmental problems.The new urbanization strategy was put forward to seek a development path that is people-oriented,harmonious and win-win for economic and social development and ecological protection.The National New Urbanization Plan(2014-2020)clearly strengthens the construction of the ecological compensation system,increases the input of ecological compensation and expands the scope of compensation,in order to solve the problems of negative externalities of urbanization development.But for a long time,the practice of ecological compensation in China is mainly led by the government and relies on financial funds.In the context of the general growth of fiscal revenue slowdown,the compensation funding gap is huge.It is imperative to attract social capital to participate in eco-compensation and implement marketization eco-compensation,however,marketization eco-compensation started late and lacked of practice,so the relevant legal system needs to be improved.This thesis analyzes the problems of the legal system of marketization ecological compensation in the process of urbanization through the methods of literature research,case study and comparative research,and combines the practical experience of the construction of marketization ecological compensation system at home and abroad to propose countermeasures for improving the legal system of marketization ecological compensation in the process of urbanization in China.The thesis starts from combing through the existing legal provisions and research literature related to ecological compensation,and finds that there are still problems in ecological compensation legal system in the process of urbanization,such as the lack of special legislation,the single way of fund-raising and the lag of the construction of supporting legal system.In response to the above problems,after analysis,there are three mainreasons: first,the rational understanding of the legal relationship of ecological compensation is not yet unified;second,the scope of the eligible subjects of the ecological compensation legal relationship is too narrow;last,in the government-led model of ecological compensation,the construction of the supporting legal system lacks of motivation.Next,the author has made a more in-depth study in theory and practice.After analyzing the theoretical basis of the construction of marketization ecological compensation system with emphasis on Xi Jinping's ecological civilization,the principle of reciprocity of rights and obligations and Posner's theorem,then combing through the practical samples of the construction of marketization ecological compensation system that have achieved remarkable results at home and abroad.The thesis focuses on the analysis of the useful experiences provided by the typical practice samples represented by the marketization and diversification compensation mechanism of the Xin'an River Basin,Hubei carbon trading and carbon finance practices,the ecological industry model of the Social Capital Fund for Small Watershed in Longwu,Zhejiang,the EU Eco-Label System,the pre-procedure of development compensation responsibility American wetland mitigation bank and Korean green finance.Based on the above analysis and arguments,the thesis finally proposed countermeasures to improve the legal system of marketization ecological compensation in the process of urbanization in China: first,to promote the coordinated revision of laws and improve the top-level design of legislation by the promulgation of the Regulations on Ecological Compensation and the supplementation and improvement of specific ecological compensation provisions in relevant laws and regulations,the various types of ecological compensation subjects and their rights and obligations have been regulated,and the pluralistic ways of marketization ecological compensation have been clarified;second,to establish the system of ecological compensation fund-raising,the path of fund-raising is clarified,and the full amount of ecological compensation fund is guaranteed through the rule of law;third,toinnovate a system of property rights for natural resources and environmental capacity,laying the institutional foundation for the marketization development of ecological compensation;last,to improve the construction of a supporting legal system for ecological compensation in terms of ecological monitoring,performance assessment and supervision and guarantee.