Research On The Legal Mechanism Of Marine Ecological Compensation

China is a big marine country,and Shandong Province has put forward the goal of building a "strong marine province".However,with the rapid development of economy and society,about half of the bays in China have poor fourth class sea water quality,and China is in a high risk period of marine environment.The contradiction between marine ecological protection and marine economic development is prominent,and the importance of marine ecological compensation legal research is increasingly prominent.This paper will briefly introduce the relative concepts of Marine ecological compensation legal mechanisms involved,hence this paper to solve the main problem is the flaws in current Marine ecological compensation legal system in our country,by analyzing the reasons of the existence of defects of international law theory research,put forward to further improve the rationalization proposal of Marine ecological compensation legal system.Specifically,there are five main problems in the current legal system of compensation for Marine ecology in China.First,the legal system of compensation for Marine ecology in China is incomplete.On the one hand,the relevant special legislation is seriously insufficient,and the attention to the compensation of Marine ecology is not enough.On the other hand,the current Marine ecological compensation laws in China are not coordinated between individual laws and local laws,and have not yet formed an organic whole.Second,the legal relationship of compensation for Marine ecology in China is unclear.The relevant parties involved in the legal relationship of compensation for Marine ecology are abstract regulations.On the other hand,it does not include the additional contributors to environmental protection as well as the beneficiaries.Third,China's Marine ecological compensation standards are relatively low and do not take into account a variety of factors.Due to the different ways of using the sea in different regions,the value of ecological services is also different.Therefore,the formulation of compensation standards requires the dual support of technology and law.Fourth,the compensation mode of Marine ecology is single.On the one hand,the compensation mode mostly copies the land domain and lacks Marine characteristics.On the other hand,the mode of compensation is mostly"government compensation" relying on national and local finance,and the flexibility advantage of "market compensation" has not been fully utilized.Fifth,the use and supervision mechanism of Marine ecological compensation is not perfect.Whether the ecological compensation fund can be used for special purpose and its effect has not been tested in practice,how to give full play to the ecological compensation effect of the fund,and how to hold the fund accountable if the fund fails to play its role need to be further explored and solved.This paper will analyze the causes of the above problems one by one,and combine the actual situation of our country with the experience of other countries,using comparative analysis,literature analysis,system analysis,on the one hand,combining with the general idea of literature collation,through studying the legal mechanism of marine ecological compensation in foreign countries,especially the United States,which carried out ecological compensation earlier,and the United States,which has rich experience in reclamation and island building Japan legislates in the field of marine ecological compensation abroad,analyzes what it can learn from the construction of the legal mechanism of marine ecological compensation in China,and then improves the legal system of marine ecological compensation in China;on the other hand,because the legal mechanism of marine ecological compensation is very complex,this paper not only applies the theory of environmental law,but also involves jurisprudence,administrative law,economic law,civil law and even society For the knowledge of many subjects,such as learning,ecology and so on,the author uses the system analysis method to connect all subjects and systematically expounds its legal mechanism.In order to seek solutions and improve the legal mechanism of marine ecological compensation.