Legislative Research On Guangdong Province Marine Ecological Compensation Regulations

This paper is mainly discussed through the following five parts: The first part defines the relevant legal concepts of Marine ecological compensation.On the premise of analyzing the legal concepts of ecological compensation and combining the viewpoints of different scholars,it is clear that the legal concepts of Marine ecological compensation take the protection of Marine ecological environment as the direct pursuit and the harmonious coexistence between man and the ocean as the fundamental pursuit.According to the overall service value,comprehensive protection cost and potential development value of Marine ecosystem,the institutional arrangement of adjusting the rights and obligations of relevant stakeholders by means of government and market,and under certain legal rules.On this basis,the paper discusses the distinction between Marine ecological protection compensation,damage compensation and damage compensation,and concludes that Marine ecological protection compensation refers to the beneficiary of comfortable Marine ecological environment to the protector of ecological compensation by non-single compensation method,so as to stimulate the Marine ecological environment protection activities;Marine ecological damage compensation is to point to the development of the Marine ecological resources environment ik through the way such as government,market and self-realization,adopt the mode of ecological restoration and restoration for the development and utilization of the legal activities and incidental damage to Marine ecological environment,ecological compensation stakeholders interests loss,realization of Marine exploitation and ecological environment coordinated behavior;The core difference between compensation and compensation for Marine ecological damage is whether there is liability,and it is manifested as legal(faultless)and illegal(faultless)behavior.The second part analyzes the legislative practice of Marine ecological compensation in Guangdong Province,It is concluded that there is a lack of highlevel specialized Marine ecological compensation legislation,match at the provincial level the basic principles of Marine ecological compensation special legislation has yet to clear and provincial related factors of Marine ecological compensation special legislation is not yet clear,provincial Marine ecological compensation,the improvement and provincial capital source channel system,Marine ecological compensation lack relevant supporting measures of concrete.The third part is carried out from two aspects.On the one hand,it demonstrates the necessity of formulating the Marine Ecological Compensation Regulations of Guangdong Province by analyzing the severe Marine ecological environment situation of Guangdong Province in recent years,the major development strategy of Guangdong Province and the needs of national Marine environmental protection law and national Marine ecological compensation legislation.On the other hand,through the analysis of the existing disciplines related theory,the current Marine and related host law,local existing Marine ecological compensation legislation practice,domestic and foreign Marine ecological compensation for land ecological compensation practices demonstrate the feasibility of the Guangdong Marine ecological compensation ordinance,thus making the Guangdong Marine ecological compensation ordinance is necessary and feasible.The fourth part is to consider the relevant contents of the Marine ecological Compensation Regulations of Guangdong Province,including determining the adjustment scope,establishing who benefits,who compensates,who damages,and who compensates.A fair and public participation in the three basic principles,specific compensation subject,scope,methods and standards improve the four basic elements,including finance,market and society,the Marine ecological compensation funding guarantee system and to establish and perfect the system of Marine ecological compensation effect after evaluation,coordination mechanism and performance evaluation system of Marine ecological compensation related supporting measures.The fifth part puts forward the proposed draft of Guangdong Province Marine Ecological Compensation Regulation(Draft)based on the foregoing research contents.