The Dilemma And Countermeasures Of The Legal System Of Ecological Protection Compensation In The Yellow River Basin

The Yellow River is the key area of national watershed management,the most representative area in the country,and the main area for industrial and rural development in my country.Due to the complex types of ecological protection compensation in the Yellow River Basin,involving double compensation within and between provinces,the need for temporal and spatial adjustment of compensation,and the unbalanced development of compensation provinces,these characteristics have become profound obstacles that need to be overcome urgently in the ecological protection compensation of the Yellow River Basin.This paper firstly sorts out the concept of ecological protection compensation in the river basin,selects the “Compensation theory for adjustment of legal interests” and determines that ecological compensation is one-way compensation,which only includes the protection compensation made by the beneficiaries of positive externality compensation to the builders and protectors of the ecological environment.Secondly,by sorting out the evolution of national,local and river basin special legislation and policies,it analyzes the current situation of ecological protection compensation legislation in the Yellow River Basin in my country.At the national level,the river basin ecological protection compensation system will be gradually proceduralized from the past principled norms,but there is still a gap between systematization;at the local level,the river basin ecological protection compensation system lacks specific and clear implementation plans,usage standards and upper-level legal support;At the legislative level,the system positioning of the ecological protection compensation system in the “Yellow River Protection Law（Draft）” is unreasonable and its connotation is the same as the original design of the“ecological protection compensation system ” in Chapter 3,Article 31 of the “Environmental Protection Law” contradict.Thirdly,this chapter points out the problems of ecological protection compensation in the basin from four aspects: legal system,institutional content,management mechanism,government function and market mechanism.From the legal point of view of the system,the related concepts of ecological protection compensation in the river basin are not clearly defined and the legislative system is not perfect;from the perspective of the system content,the compensation method for ecological protection compensation in the river basin is single,the compensation standard is not uniform,the long-term effect is lacking,and the supervision system is not perfect;from the perspective of management From the perspective of mechanism,the management system is fragmented and the commercial mechanism is a mere formality;from the perspective of government functions and market mechanisms,the proportion of government-led compensation in horizontal ecological protection compensation is too large and the use efficiency of financial transfer payments is low.Finally,by perfecting the legal system,institutional content,management mechanism,government functions and market mechanism of ecological protection compensation in the Yellow River Basin,the system should be improved.Clarify the scope of ecological protection compensation in the Yellow River Basin and improve national,local and special legislation to improve the legal system for ecological protection compensation in the Yellow River Basin;increase the compensation methods for ecological protection in the Yellow River Basin and rationally allocate the compensation funds for ecological protection in the Yellow River Basin to improve the ecological protection compensation system in the Yellow River Basin Content;establish a collaborative governance model,strengthen the negotiation of river basin compensation agreements and establish relevant regulatory agencies to clarify the management mechanism of ecological protection compensation in the Yellow River Basin;promote the transformation of government functions,explore market-oriented ecological compensation models,highlight the leading role of the market and establish a public supervision system to expand Market ratio of ecological protection compensation in the Yellow River Basin.