Study On The Legal System Of Horizontal Financial Transfer Payment For Ecological Compensation In The Yellow River Basin

"Clear waters and green mountains are as valuable as mountains of gold and silver" thought has been deeply rooted in the hearts of the people.We need to balance economic development with ecological progress.In the new era,China has put forward new requirements for the governance of the Yellow River Basin.The strategy of ecological protection and high-quality development of the Yellow River Basin has been identified as a major national strategy,which has greatly promoted the enthusiasm of cooperation between local governments in the basin.At the same time,there are serious and deep environmental problems in the Yellow River basin.The basin itself is also characterized by rich sediment content,and the economic connection between the provinces along the Yellow River has always been low,and the problems of unbalanced regional development are prominent.Therefore,taking the national strategy of the Yellow River as an opportunity,starting from the problems faced by the Yellow River Basin,through the analysis from the perspective of legal science,this paper puts forward a suggestion to build a legal system of horizontal financial transfer payment for ecological compensation in the Yellow River Basin.The first part is the introduction.In the context of the national strategy of ecological protection and high-quality development of the Yellow River Basin,it enriches the relevant theoretical research in China from a theoretical perspective,and plays a role in ensuring the sustainable development of the Yellow River basin from a practical perspective.Secondly,the relevant literatures at home and abroad are reviewed,and it is concluded that the theoretical research on horizontal financial transfer payment of watershed ecological compensation in China is still insufficient,while the foreign theoretical research is relatively early and has certain reference significance.The second part analyzes the related concepts and related theories of the horizontal fiscal transfer payment for ecological compensation in the Yellow River Basin.Firstly,the geographical conditions and administrative divisions of the Yellow River Basin are introduced,which spans four major landforms from west to east and flows through nine provinces.Secondly,it defines the connotation of watershed ecological compensation,horizontal financial transfer payment,and horizontal financial transfer payment for watershed ecological compensation.Finally,it explains the idea of ecological civilization,the theory of public goods,the theory of externality,the theory of fiscal decentralization and the theory of regional coordinated development.The third part is the necessity and feasibility analysis of constructing the legal system of horizontal financial transfer payment for ecological compensation in the Yellow River Basin.Firstly,the relevant systems of horizontal financial transfer payment for ecological compensation in the Yellow River Basin are sorted out,including the legal or policy provisions of ecological compensation in the Yellow River basin,ecological compensation in the Yellow River basin and horizontal financial transfer.Secondly,it analyzes the necessity of constructing the legal system of horizontal financial transfer of ecological compensation in the Yellow River Basin,which is the inevitable requirement of protecting the ecological environment of the Yellow River basin.It is the practical need of the development of ecological compensation in the Yellow River Basin.It is the standardized requirement of horizontal financial transfer payment for ecological compensation in the Yellow River Basin.Finally,the feasibility of constructing the legal system of horizontal financial transfer payment for ecological compensation in the Yellow River Basin is analyzed.China has carried out a large number of practices of horizontal financial transfer payment for ecological compensation in provincial basins,and has a certain legislative basis and necessary theoretical support.The fourth part is the enlightenment of German river basin ecological compensation lateral financial transfer payment to China.Germany has clearly stipulated the horizontal financial transfer payment system in the German Constitution and the German Fiscal Transfer Balance Act and is the only country that has explicitly stipulated the horizontal financial transfer payment system.The river basin ecological compensation in Germany is deeply influenced by the horizontal financial transfer payment system and has been fully used in the practice of the elbe River basin ecological compensation.Finally,it summarizes the enlightenment for China,including clarifying the financial power,authority and expenditure responsibility,standardizing and clarifying China’s horizontal financial transfer payment system and promoting cooperation through agreement in practice.The fifth part is to construct the legal system of horizontal financial transfer payment for ecological compensation in the Yellow River Basin.Firstly,it is necessary to establish and improve the legal system of horizontal financial transfer payment for ecological compensation in the Yellow River Basin,and initially form a legal system framework based on the Constitution and set up the ecological compensation law,financial transfer payment law and Yellow River Protection Law as the core.Secondly,it defines the basic principles of constructing the legal system of horizontal financial transfer payment for ecological compensation in the Yellow River Basin,including the principle of benefit compensation,the principle of fair development,the principle of unity of ecological benefit,economic benefit and social benefit,and the principle of unity of regional cooperation and regional competition,which is the key to coordinate the ecological protection and economic development in the Yellow River Basin.Finally,it proposes to conclude a horizontal financial transfer payment agreement for ecological compensation in the Yellow River Basin.The specific content of the system is implemented by means of agreement,and the nature,subject,content,performance standard and liability for breach of contract of the agreement are clarified.