Study On The Compensation System Of Occupation In The Law Of Wetland Protection

As one of the three major ecosystems in the world,wetlands are extremely important ecological resources with their complex,diverse and irreplaceable ecological functions.The Wetland Protection Law of the People’s Republic of China proposes to establish a compensation system for wetland occupation from the starting point of improving the ecological civilization system and ensuring a balanced relationship between human beings and nature.Wetlands are not easily formed and play an irreplaceable role in the field of ecology and environment.If left unchecked and developed,the damage caused will be incalculable.In recent years,wetland resources have been repeatedly destroyed and wetland ecology has been seriously damaged.This paper analyzes in detail the provisions of wetland occupation compensation in the Wetland Protection Law from the perspective of the characteristics of occupation compensation,and explores in depth the connotation,application conditions and adaptation scope of the occupation compensation system.In view of the problems and dilemmas of the wetland occupation compensation system in the Wetland Protection Law,based on ecological protection,we propose to clarify the scope of wetland compensation,refine the wetland compensation standards and enrich the wetland compensation methods to improve the occupation compensation system.The research content of this paper is divided into f Ive parts:The first part is based on the meaning and characteristics of wetlands,focusing on the development status of the occupancy compensation system in the Wetland Protection Law,analyzing the characteristics of the occupancy compensation system and introducing the principles of the system.The second part expands the content of the occupation compensation system in the Wetland Protection Law,and introduces in detail the wetland occupation compensation system in China from the subject of compensation,the object of compensation,and the compensation standard and mode.Through the analysis of the legal provisions and relevant documents,we clarify the subjects and objects of compensation,elucidate the legal relationship between the subjects and objects,and propose the compensation standards and methods.The third part analyzes the dilemma of the application of the wetland occupation compensation system in the Wetland Protection Law,pointing out the problems and analyzing the reasons from four aspects: compensation subjects,compensation objects,compensation standards and compensation methods.It is pointed out that the current wetland occupation compensation system has the problems of imperfect compensated subjects,unclear compensation objects,unrefined compensation standards and unrich compensation methods due to the weakness of scientific and technological strength and legislative concept.The fourth part mainly introduces foreign wetland compensation practices and makes experience reference analysis,selecting the United States,Japan,Australia,three developed countries,respectively,their compensation system,legal system,public participation system,combined with China’s basic national conditions for experience reference.The fifth part proposes countermeasures to improve the compensation system for wetland occupation in China.Through the experience of wetland occupation compensation in developed countries introduced in the previous section,based on the current situation of development and problems faced,we propose countermeasures and suggestions for improvement from four perspectives: subject responsibility,object scope,standard improvement and way enrichment.