The Research On The Legal Mechanism Of Ecological Compensation In The Yangtze River Economic Belt

The Yangtze River economic belt is a macro cooperative economic zone based on the Yangtze River Basin and with the industrial belt and urban agglomeration along the river as the core.The Yangtze River economic belt covers 9 provinces and 2 cities,accounting for 21%of the total area of the country,and its population and GDP exceed 40%of the country.In 2018,the central economic work conference proposed that the development of the Yangtze River Economic Belt should be led by ecological priority and green development.At the same time,it was proposed to study and establish a market-oriented and diversified ecological compensation mechanism.It is an important way to protect the ecological environment,promote the inter regional coordinated development,and realize the sustainable development of economy and society in the basin to establish the legal mechanism of inter regional ecological compensation.The Yangtze River economic belt includes upstream and downstream,left and right banks,one province to many provinces,and many provinces to one province.There are both intra provincial compensation and inter provincial(city)compensation.The study of inter provincial basin ecological compensation in the Yangtze River economic belt can basically sort out the situation of basin ecological compensation in China,and has important reference significance for the protection and governance of other rivers.The legal mechanism of inter provincial basin ecological compensation refers to a set of systematic institutional arrangements formed by the legal regulation of the subject and object,compensation standard,compensation mode and compensation fund of inter provincial basin ecological compensation,so as to provide legal guarantee for inter provincial basin ecological compensation.The legal mechanism of inter provincial basin ecological compensation includes the legal system and implementation mechanism of inter provincial basin ecological compensation.The legal system mainly refers to a series of laws and regulations that regulate the subject and object,compensation standards,compensation methods,compensation funds,etc.of inter provincial basin ecological compensation.The implementation mechanism of inter provincial basin ecological compensation is mainly reflected in the construction and operation of inter provincial basin negotiation mechanism,cooperation mechanism and index constraint mechanism.A good implementation mechanism is the key to the good operation of inter provincial basin ecological compensation mechanism.This paper reviews the policy documents,legislative exploration and policy pilot of ecological compensation in the Yangtze River economic belt,and describes the implementation mechanism of ecological compensation in the Yangtze River economic belt.Then,the problems of the legal mechanism of ecological compensation in the Yangtze River economic belt are analyzed:the laws and regulations of ecological compensation in the inter provincial basin are not perfect,the subject and object of ecological compensation in the inter provincial basin are not clear,the standard of ecological compensation in the inter provincial basin is not clear,the mode of ecological comppensation in the inter provincial basin is single,and the realization mechanism of ecological compensation in the inter provincial basin is not perfect.Based on the experience of ecological compensation in the cross administrative basins of the Elbe River in Europe and the Murray Darling River in Australia,and combined with the characteristics of the Yangtze River economic belt,this paper puts forward some countermeasures to improve the legal mechanism of ecological compensation in the inter provincial basin of the Yangtze River economic belt,such as improving the laws and regulations of ecological compensation in the inter provincial basin,clarifying the subject and object of ecological compensation in the inter provincial basin,clarifying the standard of ecological compensation in the inter provincial basin,improving the legal mechanism of ecological compensation in the inter.provincial basin of the Yangtze River economic belt It is necessary to construct diversified ways of inter provincial basin ecological compensation and improve the realization mechanism of inter provincial basin ecological compensation.