Legal Research On The Sources Of Marine Ecological Compensation Funds In China

Marine ecological system is a very important material foundation for human’s survival and development.However,as the rapid economic growth,the sharp increase in population,and the fast speed of urbanization,especially the harsh tend to the social-economic exploit of ocean,the marine ecological system has been facing more and more challenges.Marine ecological compensation system plays an important role in governance and compensation for marine environment,which is in order to restore marine ecological environment and promote rational and scientific use of the sea.It makes full use of the government and market-based instruments to regulate the relationship among the interests of stakeholders in the process of developing marine resources.Therefore,settlement of marine ecological problems depends on improving marine ecological compensation system.However, in practice,it needs to invest a lot of money to restore and recompense the system.Without financial support,all the significance of marine ecological compensation is just letters on the paper.Based on the investigation of theory and practice of compensation funding source, we can figure out the shortcomings of it on legal aspects.By comparison analysis method,we can also reference the relevant provisions of foreign countries.All these can sum up to recommendation of legislation system construction and system design on diversified sources of compensation funds.The paper is divided into five parts.The fast part is synthesized elaboration of it,which includes elaborating on the reasons and significance,summarizing the current research status at home and abroad,and introducing the method and novelty in brief.The second part is theoretical basis of the topic.As an important branch of ecological compensation,the marine ecological compensation has its particularity.So,defining connotation and denotation between ecological compensation and marine ecological compensation is very necessary.Then,using stakeholders theory to lead to the brief introduction of main body.Lastly,illustrate the value of the topic on legal level.In the third part,analysis the relevant provisions of the marine ecological compensation funding sources at first.Then select Weihai, Xiamen and Zhoushan as typical case to investigate practice experience.At last,it can reach to a conclusion that there are four main problems restricting stable and diverse source of funding:lack of marine ecological compensationlegislation and mechanisms and platforms of stakeholder coordination,imperfect administration system of marine ecological compensation,and technical barriers on determining the marine ecological compensation standard.In the fourth part,reference and analysis the relevant provisions on foreign countries by comparison analysis method.Select two international practice,the marine ecological compensation taxes and marine ecological compensation special funding,and the island tourism development and marine oil spill damage as the starting point to study the effect of the relevant legislation and practice.Finally,reference selectively combining with our national conditions.In the fifth part,summarizing the above analysis and research,legislation system construction and system design is needed to guarantee diversified sources of compensation funds:firstly,improve marine ecological compensation legal system construction to provide practical basis and legal protection for it;Secondly,improve specific system design of marine ecological compensation system to provide protection and diverse channels for it;Thirdly,improve the administrative system of marine ecological compensation to strengthen supervision of it;Lastly,constructing the marine ecological compensation standard system to get rid of barriers of quantitative funding.