Research On Legal Issues Of Watershed Ecological Compensation Agreement

The practice of ecological compensation in river basins has been carried out so far,mainly including ecological compensation for river basins in the province and ecological compensation for inter-provincial watersheds.Among them,most of the inter-provincial basin ecological compensation is carried out through the intergovernmental signing of the basin ecological compensation agreement.In the continuous development of practice,the legal subject of the river basin ecological compensation agreement is not clear,the legal nature is disputed,the legal mechanism for ecological compensation in the river basin and the dispute resolution mechanism have not yet been formed,and it is of great significance to study the concept of the river basin ecological compensation agreement,clarify the legal relationship of the river basin ecological compensation agreement,and propose improved countermeasures for the existence of the river basin ecological compensation agreement.In this paper,through the method of case study,the four typical practices of ecological compensation in the Xin’an River Basin,the ecological compensation practice of the Jiuzhou River Basin,the ecological compensation practice of the Jiuzhou River Basin,and the ecological compensation practice of the Chishui River Basin are selected as the problem research objects.Three typical successful cases of ecological compensation practice in the Elbe River Basin in Germany are used as reference objects.On the basis of the case study,it is concluded that the legal problems existing in the current basin ecological compensation agreement mainly include the unclear legal nature of the compensation agreement,the confusion between the concepts of "compensation" and "compensation",and the lack of unified watershed ecological compensation legislation.This paper mainly discusses the legal issues of river basin ecological compensation agreement from three aspects: First,it discriminates the concept of river basin ecological compensation agreement and its legal relationship,and defines the scope of river basin ecological compensation agreement at the legal level;Secondly,the practice of river basin ecological compensation agreements at home and abroad is summarized,and the legal problems existing in current river basin ecological compensation agreements in China are discussed.Thirdly,it summarizes the practice of foreign river basin ecological compensation agreements,puts forward the legal problems existing in China’s river basin ecological compensation agreements,puts forward the corresponding improvement countermeasures,and probes into the solutions to disputes over river basin ecological compensation agreements.Through the above research,the legal system support for the practice of ecological compensation in the river basin is promoted,and the ecological compensation practice in the river basin is smoothly carried out under the guarantee of the legal mechanism,so as to achieve the ultimate goal of protecting the water resources environment and protecting the ecological environment.