On The Construction Of Ecological Compensation Mechanism Of Nature Reserve System In China

The contradiction between ecological environment and economic development and the justice between the beneficiaries and the losers caused by ecological protection have existed for a long time in the ecological protection of various nature reserves in China.In order to balance these relations and maintain fairness and justice in ecological protection,the ecological compensation mechanism has become the best institutional tool,that is,to make different ecological compensation standards according to the different natural factors by making use of its attribute of internalization of external diseconomy,the beneficiaries of ecological protection compensate the people whose interests are at stake,mainly local farmers,by means of capital,technology and so on.However,in practice,as the main body of compensation,the status of the compensation subject of the beneficiaries of ecological protection is weakened or even ignored.In June 2019,The Guiding Opinions on the Establishment of a Nature Reserve System with National Parks as the Main Body was published,the Nature Reserve system is divided into three levels: National Park,Nature Reserve and Natural Park.The innovation and reform of ecological protection compensation mechanism lagged behind,and the traditional ecological protection compensation mode was still used,it reveals that the legal basis is fragmented,the ecosystem is fragmented,the subject of compensation/compensation is single,the standard of ecological compensation is one-sided,the way of ecological compensation lacks pertinence and so on.The scientific advantages of the new nature reserve management system for the comprehensive protection of ecological regions are reduced.Therefore,based on the hierarchical,comprehensive and scientific management system of the new nature reserve system,using the theory of public goods,the theory of internalization of external diseconomy and the theory of fairness and justice,the author tries to study the construction of ecological protection compensation mechanism of the nature reserve system.In view of the fact that the ecological compensation mechanism of nature reserves in China is still in the stage of development,and there has been a preliminary attempt in practice,the author will clarify the realistic predicament of the ecological compensation mechanism of the Nature Reserve System from the legislative and practical levels through the existing practice cases.It also draws lessons from the relevant practice examples of three representative countries outside the region,namely,the United States,Costa Rica and the European Union countries,in order to give some enlightenment to the construction of the ecological compensation mechanism of the Nature Reserve System in China.On the basis of referring to foreign experience and combining with China’s national conditions,this paper puts forward that we should proceed from the two aspects of legislative construction and system design,to establish an ecological compensation mechanism of nature reserve system which is different from and independent of the traditional model and has different levels.In the legislative construction,the opportunity of drafting the Ecological Protection Compensation Regulation is used to fill the legislative blank of the high-level special regulation of the ecological compensation mechanism of the natural protection land system in our country,which plays a leading role in its legal system,the creation and perfection of pulling and pulling other inferior methods.And through the re-integration of the ecological compensation provisions of the existing nature reserves,in the content design of the articles,following the systematic,hierarchical and holistic characteristics of the management system of the new nature reserves,to realize the balance between the unification and differentiation of the ecological compensation mechanism of the Nature Reserve in legislation.In terms of system design,the core is to maintain the integrity of nature reserves and form a systematic system of ecological compensation mechanism for the nature reserves system.In order to achieve the balance between the unity and differentiation of the ecological compensation mechanism in nature reserves,the three aspects of the compensation subject,the compensation standard and the form of compensation are carried out hierarchically,it also pays attention to the main body status of compensation of the beneficiaries of ecological protection,the formation of comprehensive compensation standards embodying the integrity of the ecosystem,and the diversified construction of compensation forms.