Study On The Legal System Of Wetland Occupation And Compensation Balance Based On "Ecological Voucher"

Wetlands are known as the "kidneys of the earth",not only to protect biodiversity,regulate climate runoff and water quality and other ecological regulation functions,but also to provide human tourism resources,industrial raw materials and other socio-economic value.After joining the Convention on Wetlands in 1992,China gradually realized the important value of wetland resources,and reformed and promoted on the basis of the existing practice of balancing the occupation of arable land,and gradually built a legal system for balancing the occupation of wetlands.With the rapid development of the marketization of natural resources property rights,eco-voucher system,as a powerful promoter of the value capital transformation of ecological products,gradually enters the view of wetland ecological protection.At the same time,the balanced system of wetland occupation under the model of"ecological voucher" has its rational internal logic: on the one hand,wetland resources have the value of both spatial justice,which is the basis for the legal system of wetland occupation balance to coordinate the unjust behavior of wetland occupation,and on the other hand,the goal of the system;On the other hand,the occupation of wetlands has negative externalities,so it is necessary to internalize the externalities cost through the balanced system of wetland occupation under the"ecological voucher".In addition,based on the natural scarcity of wetland resources and the tradeability of commodities in the economic market,it is possible for"ecological vouchers’ ’ to regulate the rational allocation and use of wetland resources in the market,and thus resolve the contradiction between the limited wetland resources and the growing human development needs to some extent.It can be found that it is necessary and feasible to adjust the balance system of wetland occupation based on "ecological vouchers’ ’.At the necessity level,"ecological voucher" is based on the principle of net zero loss,and its essence is to protect wetlands as a whole.The "ecological coupon" has three characteristics:property right,negotiable instrument and marketization,and can provide a strong guarantee to replace wetland ecological benefit.The "ecological voucher" securitizes the ecological value of wetland and provides sufficient substitute wetland resources for the economically developed areas.As a kind of flexible incentive mechanism,"ecological voucher" can effectively play the role of motivating the main market,promote the optimal allocation of wetland resources market,and conform to the trend of wetland balance and diversification of paths.At the feasibility level,the "ecological voucher" model emphasizes the protection of wetland ecology as a whole and the restriction of exploitation and utilization behavior to realize the sustainable utilization of wetland ecological resources,which is in step with the concept of sustainable development of wetland resources and resonates with the same frequency.Eco-coupon can be distributed across regions and can stimulate the value of wetland ecological products so that it fits more closely with the balanced market order of wetland and the realization mechanism of ecological product value.And in the local green finance practice,"ecological voucher" has been supported by law and policy and obtained good results,which provides practical experience and practical basis for the construction of the next step of the balanced market mechanism based on"ecological voucher".At present,there are many difficulties and obstacles to the adjustment of wetland balance system based on "ecological voucher".First,legislation is in short supply.At present,the legal concept of the term "ecological voucher" is still vague,which will lead to uncertainty in the application of the law.At the same time,the lack of relevant legislation of "ecological vouchers’ ’ will lead to the unworkable system of adjusting the balance of wetland occupation by "ecological vouchers’ ’.Secondly,coordination of multisectoral responsibilities is difficult.Due to the differences between wetland natural and administrative properties,it is difficult for wetland authorities in different administrative areas to coordinate due to the lack of unified coordination mechanism.For the same administrative region,the responsibilities of the departments at the same level overlap,internal horizontal coordination mechanism has not been established,making it difficult to realize the value of "ecological voucher" mechanism.Moreover,it is difficult to redefine rights and obligations.The government and the wetland occupiers are the main body of the balance system of wetland occupation,but the"ecological voucher" model also needs to be incorporated into the third party wetland management body and the wetland compensator.Moreover,the difference in the application scope of ecological voucher and wetland balance,and the non-equivalence of the rights and obligations of both sides of the ecological voucher transaction will also hinder the adjustment of wetland balance legal system,and it will be difficult to redefine the corresponding rights and obligations of each subject after adjustment.Finally,market mechanisms are inadequate.The limitation of wetland property rights does not accord with the inherent requirements of the eco-coupon market,and it is difficult to satisfy the function of the free flow of eco-coupon.The trade object of wetland balance is limited to wetland resources,which also prevents the "ecological coupon" from being transferred to the same kind of ecological resources.It is difficult to measure the value of wetland resources,which makes the price scale of "ecological vouchers’ ’ difficult to determine.From the point of view of comparative research,there are mainly the wetland mitigation bank system in the united states,the ecolabeled wetland system and the ecological account wetland system in germany.Based on the current situation and actual development needs of the balanced system of wetland occupation and replenishment,three aspects of experience can be obtained,that is,to formulate a perfect legal guarantee system for wetland resources,pay attention to ecological and economic benefits,and strengthen the government’s attention to the diversification of compensation path.Based on this,this paper puts forward the idea of establishing the ecological voucher type of wetland filling and balancing system.The overall idea is to optimize the allocation of wetland resources by transforming the ecological voucher type of wetland resources and relying on market mechanism.The concrete idea method is as follows,first must consummate the relevant legislation,the clear "ecological voucher" adapts the legal basis.The legal concept of "ecological vouchers’ ’ is clarified through the enactment of a special law on " ecological vouchers’ ’.To improve the overall quality of eco-voucher market by establishing the legal system of market access and exit.At the same time,local governments should issue regulations or rules on the implementation of "ecological vouchers’ ’ in time,so that wetland " ecological vouchers’ ’ can be effectively implemented and operational.Secondly,coordination mechanisms should be established to promote regional sectoral linkages.The implementation of inter-sectoral coordination mechanisms is ensured through the establishment of coordination mechanisms between wetland authorities across administrative regions,clarification of the roles and responsibilities of different sectors within the same administrative region,and the construction of information-sharing mechanisms.Furthermore,the rights and obligations of each subject under "ecological voucher" model can be clarified from the aspects of the subject regulation path,the adjustment path of the application of law and the regulation path of the rights and obligations of both parties to the transaction.Finally,the role of government should shift in a timely manner.From the limitation of public power to the incentive of management,more subjects should be brought in to fill the balance of wetland.At the same time,the government needs to do a good job of expanding more similar ecological products,formulate scientific and reasonable quantitative criteria of wetland "ecological vouchers" and market supervision and safeguard functions to ensure the orderly development of wetland resources marketization.