| In China,there is a tense contradiction between the rapid development of economy and the protection of ecological environment for a long time.On the one hand,it is necessary to improve productivity and develop social economy;on the other hand,it is necessary to protect the ecological environment from damage.Coordination of economic development and protection of ecological environment has become an important factor in the formulation of major policies.In order to solve this kind of contradiction,the common way is to internalize the external diseconomy,that is,the beneficiaries compensate the people who lose the benefits in the ecological construction,in order to restore its ecological function and value,and realize the sustainable development of both economy and ecology.In recent years,China has been in the forest,grassland and other seven key areas and key areas,has promulgated a series of policy documents,laws and regulations,completed the top system design of ecological protection compensation,established the system of ecological protection compensation and pushed it to the height of " quasi-state policy ".In the context of the development of economy,how to carry out the protection and management of the ecological environment in the Yangtze River valley,how to carry out the ecological compensation of the basin and how to define the compensation subject and the subject of compensation of the ecological compensation become the urgent problem in the context of the development of the economy.This paper is divided into five parts.The article focused on the main body of research on the main body of ecological compensation for river basins,unified the responsibilities and rights as a common line of thinking,and based on the current situation and typical cases of conservation of natural resources in the Yangtze River Economic Belt,we identified the main issues in the protection of natural resources in the Yangtze River Economic Belt.Then it extends to the subject definition and type problem in the entire ecological compensation system for the river basin.From the two levels of the compensation subject and the compensated subject,it analyzes the compensation subjects,the compensated subject,and the compensation subject and the compensation subject.The powers and responsibilities between the two are both rights and obligations.The focus of the paper is to interpret and determine the compensation and compensation subjects in the ecological compensation of the river basin,namely,the respective roles of the central and local governments,provincial and subordinate governments,government and corporate natural persons,and local governments and local governments.What is the actual level of functions and powers,what should be the level of what should be,and how should it be defined?The first part,from the angle of watershed ecological compensation theory,defines the concept of watershed ecological compensation,clarifies the difference between the legal nature of ecological compensation and ecological compensation,and combs the theoretical origin of watershed ecological compensation.In order to solve the problem of no-fault and no-remedy channels for ecological damage under special circumstances,it is necessary to make it clear that ecological compensation can also be applied to the field of ecological damage under special circumstances,and to straighten out the relationship between ecological compensation and ecological damage compensation.That is,the non-antagonistic and contradictory relations,but the coupling relations with organic connections.In the second part,by identifying the compensatory subject and the compensated subject in the watershed ecology,and according to the principle of "who benefits who compensates" and "who damages who compensates",the author classifies the principle of "who benefits who compensates" and "who damages who compensates".From the point of view of the practice of watershed ecological compensation,on the one hand,it is to stimulate the endogenous motive force of the compensatory subject and the compensated subject to carry out the watershed ecological compensation,on the other hand,to urge the implementation of the ecological compensation of each party of the watershed ecological compensation.Therefore,the basin ecological compensation mechanism should have the dual attributes of encouragement and punishment.The third part,from the angle of compensation subject,analyzes the relationship of rights and obligations between the compensation subjects,the compe'nsation subjects and the compensation subjects.In view of the fact that the government still dominates the ecological compensation of the watershed in our country,the interpretation of the main body of the compensation mainly draws lessons from the administrative subordinate relationship which is dominated by the government.It is divided into longitudinal ecological compensation subject identification and its legal orientation and horizontal ecological compensation subject identification and legal orientation.The current ecological compensation mechanism of river basin is dominated by the government,which has obvious characteristics,namely the singularity of the main body of compensation.The singularity of the main body will not only directly lead to the single source of ecological compensation funds,but also inhibit the motive force of the ecological compensation subject to carry out ecological compensation behavior,which is not conducive to the construction of long-term mechanism of ecological compensation in river basin.In the fourth part,the paper analyzes the ecological basis of river basin ecological compensation and the policy basis of basin ecological compensation,and elaborates the main issues of ecological compensation in the river basin.That is,the definition of subject and object is not clear,the compensation subject is single,the subject has double identity or even multiple Identity and other issues.The fifth part,through the theoretical analysis of the main body of ecological compensation in river basin,provides the reference for the legislation of ecological compensation,and provides suggestions for the division of the functions and responsibilities of the government at different levels of institutionalization.In order to provide a theoretical basis for the normative construction of the main body of watershed ecological compensation and the realization of the system value,the first is to clarify the relationship between the policy and the law of the watershed ecological compensation,that is,the scientific design of the top-level policy.Rationality and legal establishment of the main body of ecological compensation in river basin.The reason is that there are many differences between watershed ecological compensation policy and law,such as policy(legislation)goal,policy tool(legal means)and so on,which may lead to policy.Torn,legislative conflicts and even regulatory failures and many other issues.The second is to construct a multivariate,complementary and contiguous system of watershed ecological compensation rules.The single subject of compensation is also the socialization of ecological compensation in river basin.Because of its encouraging characteristics,watershed ecological compensation system is bound to further deepen the use of market mechanism,more social subjects will also participate in watershed ecological compensation as the main body of watershed ecological compensation.This is not only conducive to widening the source of ecological compensation,but also conducive to the construction of long-term mechanism of watershed ecological compensation.Third,the socialization of watershed ecological compensation,that is,the third party supervision organization.The introduction of The reason is that watershed ecological compensation is punitive,and it is a punishment for ecological damages,especially in transboundary watershed ecological compensation,so it is necessary to establish a third-party supervision institution independent of the main body of compensation and the subject of compensation. |
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