| With the rapid development of marine economy,the degree of development and utilization of marine resources in China is getting deeper and deeper,and many ecological and environmental problems are caused.In the legislation of marine environmental protection in China,the development and utilization of marine resources,marine environmental pollution and marine ecological damage are regulated by relevant provisions.However,due to the integrity and publicity of marine resources and the environmental externality of resource development,developers benefit from it,and the damaged cannot get due compensation and the ecosystem cannot be repaired in time.In order to solve this problem,it is urgent to implement marine ecological compensation system.China’s "marine environmental protection law" proposed for the first time to speed up the establishment of marine protection ecological compensation system,and regard it as one of the basic systems of marine environmental protection.The fisheries law also refers to the relevant compensation scheme.China’s marine protection ecological compensation system is mainly based on local legislative attempts.Based on the analysis of the current situation of China’s marine protection ecological compensation legislation,this paper finds some urgent problems to be solved: firstly,the legislative purpose has not been adjusted in time.With the improvement of China’s economic strength and comprehensive national strength as well as the change of political demand,the legislative purpose should also be adjusted to realize the value-added of ecological interests in the process of environmental protection.Secondly,the basic concept of ecological compensation has not been clarified in the relevant legislation of our country,and the legislative principle of marine protection ecological compensation is not clear,which leads to the lack of coordination of local legislation.Thirdly,the legal system of marine ecological compensation is not complete,and the local legislation lacks a unified guiding ideology.Finally,the homogenization of local legislation has a direct impact on the exploration and innovation of marine protection ecological compensation practice.After analyzing the feasibility and necessity of the construction of marine protection ecological compensation legislation system in China,this paper shifts its vision to the practice of marine protection ecological compensation legislation in foreign countries.For example,the United States has not only set up corresponding ecological restoration funds,but also advanced regulations on marine oil pollution control in the world;South Korea has set up environmental protection charging system and sea area use fund to repair and protect the ecological environment;the ecological restoration miracle of Seto Inland Sea in Japan and the world-famous reclamation system of the Netherlands are also very worthy of our learning.These foreign experiences bring enlightenment to the legislation of marine protection ecological compensation in China.The author thinks that the legislation and system construction of marine protection ecological compensation should start from the top-level design of legislation,and improve the legal system of marine protection ecological compensation in the whole process.For example,it is necessary to choose a suitable legislative model for the local people,follow the legislative principles of sustainable development,and broaden the scope of legislative adjustment of marine protection and ecological compensation.On this basis,we should further improve the specific legislative content: for example,we should increase the performance appraisal system and fund supervision system;establish and improve the operable public participation mechanism.The author hopes that these humble opinions can provide new ideas for solving the practical problems of marine ecological compensation and promoting the development of marine environmental protection in China. |
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