Study On The Law Of Compensation For Ecological Protection In National Parks

The pilot project of constructing the national park system is the central task of reform put forward by the third Plenary session of the 18 th CPC Central Committee and an important content of the construction of the ecological civilization system in China.It is of great significance to promote the scientific protection and rational utilization of natural resources,promote the harmonious symbiosis between man and nature,and promote the construction of a beautiful China.However,in view of the current situation of the development of the giant panda national park system pilot,the current establishment of the national park system pilot is faced with the difficult choice between economic development and ecological protection.In order to effectively resolve the imbalance between economic and ecological interests and promote the sustainable development of national parks,China began to seek to alleviate the contradiction between ecology and development through ecological compensation system.Because the ecological compensation system of national parks in China is still in its infancy,although the relevant legislation on ecological compensation of protected areas is constantly being revised,it has not yet established a systematic and complete ecological compensation system of national parks,and there are still some legal problems in the aspects of confirming the right of natural resources assets,determining the subject and object of compensation,refining the content of compensation,and operating the compensation system.In particular,giant panda national park as a key ecological area,compared with other national parks,the situation is slightly more complex,more need to improve the ecological compensation system,balance the ecological and economic interests within and outside the national park area,in order to achieve the goal of ecological civilization system reform.Ecological compensation is the basic content of establishing giant panda national park.This thesis will focus on the following five parts to discuss the ecological compensation of giant panda national park:In the first part,on the premise of expounding the research background and discussing the significance of the research,the theoretical achievements of relevant scholars at home and abroad are summarized and summarized,and then based on the research results to further conceive the research ideas of this paper,put forward the applicable research methods;The second part combines theory and practice to explore the reasons why ecological compensation of giant panda national park is in trouble.Firstly,the paper briefly introduces the current situation of ecological compensation legislation and practice of giant panda national park,then analyzes the causes of the problems in compensation legislation and compensation practice,and finally proves that the lack of legislation and the defects of compensation system lead to compensation into a dilemma.The third part mainly summarizes the connotation of national park system and its ecological compensation system respectively.The difficulty is that the ecological compensation system has not been defined in a unified concept because of the difference of the problem from the perspective of non-collegiate science,which also adds difficulty to the analysis of the connotation of ecological compensation in national parks.Then,on the basis of the study on ecological compensation of other types of natural protected areas,we try to generalize the connotation of ecological compensation in national parks.In addition,combining with the multi-disciplinary theoretical basis of national park ecological compensation,the theoretical system of this paper is constructed.The fourth part summarizes the successful experience of ecological compensation practice in national parks abroad.From the three compensation models adopted in the practice of foreign national parks,combined with typical case analysis,the advanced experience of ecological compensation in foreign national parks is summarized: paying attention to the top-level design,perfecting the compensation supporting system,encouraging the market-oriented compensation model,and guiding the public to participate in the compensation;Based on the conclusion of the previous two parts of the fifth part,this paper puts forward the solution path of the legal problem of ecological compensation of giant panda national park.This part mainly expounds from four aspects: perfecting the overall compensation framework,clarifying the content of the compensation system,strengthening the compensation matching system and establishing the compensation operation system.Firstly,it is proposed that the operation of ecological compensation system of giant panda national park should be based on specialized,standardized and systematic legislation.Secondly,the clear content of compensation legal systemprovides guidance for ecological compensation of giant panda national park.Finally,the establishment of long-term ecological compensation system of giant panda national park needs perfect compensation supporting system and compensation operation system as the guarantee.