On The Legal Mechanism Of Marine Ecological Compensation In The Bohai Rim Region

With the rapid growth of economic and the acceleration of industrialization, urbanization,the traditional model of economic development has met great challenges and the sustainabledevelopment of the Bohai Sea is faced with tremendous pressures and challenges. The extensivemode of economic growth, large population, the relative shortage of natural resources, seriousenvironmental pollution and marine ecological destruction become the major constraints for thesustainable development of the Bohai Sea region. The stainable development of regional social,economic, and environmental development faces great challenges.Research has shown that Chinas coastal waters pollution is serious structural, the structureof the marine ecosystem loses the balance and marine disasters frequently appear. However,China has not yet established a policy system of the marine ecosystem regulation,, there is noeffective remedy for the marine eco-environmental costs of development activities. The marineecosystem of the Bohai Sea region compensation legal mechanisms is the institutionalinnovation for environmental resources management. It regulates the relations of distribution ofeconomic interests and ecological interests of the stakeholders in the special area of oceandevelopment of the Bohai Sea, clarifies the process of marine ecological compensation the rightsand obligations of the stakeholders involved to build scientific, comprehensive, reasonablemarine ecological compensation system, in order to promote social equity and environmentaljustice.For a long time, because of the absence of the lack of China’s marine ecosystem protectionlegal mechanisms, the destruction and waste of marine resources and the lack of strong legalmeans for the marine ecosystem repair, the long-term marine ecological compensationmechanism has not been really established. The Bohai Sea region due to its special status andlocation of the ocean, marine ecological environment protection and the interests ofco-ordination is facing a severe test, ConocoPhillips oil spill case is an example.Therefore,it is urgent to perfect Bohai Sea region Marine ecological compensationlegislation and establish and perfect the regional Marine ecological compensation legal mechanisms. In view of the current situation that the Marine ecological compensation legalmechanisms lacks clear institutional guidance and legal support in Bohai Sea region evennationwide, the paper comes up with the ideas and designs about the perfect of Bohai Sea regionMarine ecological compensation legislation ways and legal mechanism, and emphaticallydiscusses as the following five part discusses:The first part is the introduction, which expounds the background, the significance and thepresent subject research situation at home and abroad, besides,it briefly introduces the innovationpoint and discussing methods in this paper.The second part is from the point of view of WHAT, and discusses the necessity of makinga clear definition about the basic category of Marine ecological compensation during the processof Bohai Sea region Marine ecological compensation legislation, and on the basis ofunderstanding the Marine ecological compensation and whose legal concept, this paper makes asystemic analysis on the purpose,essence, legal concept, characteristics, elements of the Marineecological compensation.The third part is from the point of view of WHY,it seeks the practical and legal needs ofBohai Sea region Marine ecological compensation, and probes into the special status andinfluence of Bohai Sea region, and points out that the national Marine ecological compensationhas not been established perfectly,besides,the related local legislation is endlessly is the externalfactors driving the establishment of Bohai Sea region Marine ecological compensation legalmechanisms; And the security system of Marine ecological compensation legal regulations isinsufficient,which is the internal support factors why Marine ecological compensationmechanism has difficulty in forming. On this basis, the paper points out that the path choice ofBohai Sea region Marine ecological compensation legal mechanisms.The fourth part is from the point of view of HOW,it points out that the seek and practice ofBohai Sea region Marine ecological compensation legal mechanisms is a systematic project, atthe same time of perfecting national and special comprehensive legislation, and the supplementand complete about related laws and institution also needs consideration.At first,make amacroscopical master about the total structure and legal path of Bohai Sea region Marine ecologicalcompensation legal mechanisms, and then in the system design, the basic institutions of Marineecological compensation includes Marine environment resources property right system, regional Marine ecological compensation supervision system, Marine ecological tax and fee system,Marine environment compensation fund system,making a institutional exploration on the fouraspects; At last, it analyzed the joint and supporting aspects about regional Marine ecologicalcompensation legal mechanisms and the national level legislation.The fifth part is the conclusion, it reiterates the importance of Marine ecologicalcompensation, especially the Bohai Sea region Marine ecological compensation, once again, itexpounds the necessity of the protection of ecological environment and resources, and thereasons,paths,process of Bohai Sea region Marine ecological compensation, looking forward tomaking contribution to the construction of Bohai sea Region Marine ecological compensationlegal regulations and the system, to the maintenance of Marine ecological balance, and offeringbeneficial reference to the Marine ecological protection.