Research On Legal Issues In The Establishment Of Valley Ecological Compensation Standards

Since the Eleventh Five-Year Plan,Valley ecological compensation activities have been widely carried out in many regions of China,and some results have been achieved.As an important basis for measuring the responsibility of compensation subjects,Valley ecological compensation standards play a crucial role in Valley watershed ecological compensation can be implemented smoothly and achieve the expected results.At present,domestic academic and practical circles have not reached a consensus on a series of issues related to the formulation of ecological compensation standards,so compensation standards have become a popular direction for research related to Valley ecological compensation,but the current research is concentrated in the field of environmental science and economics,and there are few research results from the perspective of law.Therefore,through a comprehensive review of the current legislation and practice of Valley ecological compensation in China,the author hopes to identify the legal problems and make legal analysis of them,and at the same time,through the analysis of typical practice samples in the region and abroad,draw on their useful experiences and try to make legal suggestions for the formulation of Valley ecological compensation standards.The article starts from sorting out the existing legislation and practice of valley ecological compensation in China.It is found that the current valley ecological compensation standards have single content,narrow scope of indicators,insufficient social participation and lack of legal ways to protect the legitimate rights and interests of relevant stakeholders.In view of the above problems in the formulation of the current valley ecological compensation standards,the article analyzes that there are at least four reasons for this.Firstly,the main cause of ecological environment problems in watersheds is the lack of strict law enforcement,which leads to the lack of timely curbing of violations and the continuous destruction of watershed ecosystems;secondly,local governments lack the concept of rule of law in ecological compensation;secondly,there are conflicts of interests among the participating parties in valley ecological compensation that need to be adjusted by law;finally,there is a lack of national legislation on valley ecological compensation standards.Finally,the current lack of national legislation on ecological compensation standards in watersheds and the lack of sound local legislation make the practice of ecological compensation in watersheds impossible to follow in many cases.Next,the author compares the examples of effective ecological compensation in watersheds within and outside the region.The analysis focuses on the horizontal ecological compensation of the Chishui River Basin,the horizontal ecological compensation of the Heihe and Shiyang River Basins in the Qilian Mountains of Gansu Province,and the ecological compensation of the key watersheds in Fujian Province;the analysis focuses on the measures taken by the French mineral water company Perrier vittel to ensure water quality,the water evaporation and transpiration credit in Australia,and the redistribution mechanism of public funds in the state of Paraná,Brazil.The above typical basin ecological compensation samples can provide useful experience for the development of basin ecological compensation standards.Based on the previous analysis and argumentation,the article finally puts forward rationalized suggestions to improve the standard-setting in the watershed ecological compensation legal system.Firstly,to clarify the relationship between the legal subjects in watershed ecological compensation so that the compensation standard can effectively play the role of balancing the interests of all parties;secondly,to promote the legalization of the indicators involved in watershed ecological compensation standard,to formulate appropriate watershed ecological compensation standard,to fully consider all kinds of indicator factors,and to solve the problems of low compensation standard and lack of recognition of compensation subjects through the rule of law;thirdly,to legislate to guarantee the social participation in watershed ecological compensation,so that the compensation standard can be set in accordance with the law.Finally,an effective dispute resolution mechanism should be established so that the legitimate rights and interests of the participants in watershed ecological compensation can be safeguarded in case of disagreement.