Study On Legal Mechanism Of Diversified Ecological Compensation In National Parks

The main purpose of the construction of national parks is to provide ecological public goods.Because of the externality of ecological public goods,the construction of national parks restricts the residents’ right to subsistence and development in national parks,resulting in the conflict between environmental public interests and private interests.Diversified ecological compensation in national parks can solve the imbalance problem of regional interests,which can guarantee the supply of ecological public goods,and also improve people’s livelihood.National Park ecological compensation should fully protect the basic rights of residents in the park,and realize environmental justice through rights-based ecological compensation model.At present,the ecological compensation of national parks in China has a strong administrative color.At the same time,the lack of funds and unreasonable compensation standards make it difficult to protect the rights of ecological migrants effectively.Over the years,the construction of foreign national parks has developed into a diversified ecological compensation model dominated by government,community and market.Its ecological compensation is characterized by diversification of modes,dynamic standards,diversification of sources of funds and emphasis on the protection of the rights of residents in national parks.China should establish a legal mechanism for the diversified ecological compensation of national parks.Firstly,we should diversify the ways of ecological compensation.Establish a government-led financial transfer payment system,a long-term compensation mechanism for ecological funds and a sound ecological tax system.Establish a market-led carbon sink trading and ecological easement system,and strengthen market participation.Community participation in the management of national parks can be achieved through ecotourism and franchise system.Second,establish scientific ecological compensation standards.The determination of ecological compensation standard should take full account of the opportunity cost of the ecological environment service providers for maintaining or changing the ecological environment,which is incentive,scientific and regional adaptability.In the formulation of ecological compensation standards,the opinions and market values of community residents should be fully taken into account,and a scientific pricing standard should be formed.Third,diversify the sources of funds.Through the joint efforts of the government community market mechanism,we can broaden the financing channels of ecological compensation in national parks.The state should make full use of China’s existing financial system to develop a green financial system and encourage financial capital to flow to industries related to ecological protection.Fourth,establish a rights-based ecological compensation model.The right to land development,employment,education and social security of the aborigines in national parks can be guaranteed through diversified compensation methods to achieve poverty alleviation and prosperity.