Analysis Of The Legal System Over Marine Ecological Compensation ——Perspective Of The Scope Of Compensation

The ocean are vital to economic development and human survival,with the deepening exploitation and utilization of marine,many problems have emerged in marine ecology,which have become obstacles to the development of marine economy,arouses the attention of many sides,people in the field of theory and practice began to study marine ecological compensation and put forward many theories about marine ecological compensation,however,the concept of marine ecological compensation involves many fields such as law,economics and ecology,there has not been a unified conclusion,let alone how to carry out systematic compensation.In order to promote the development of marine ecology better,based on the perspective of law,this paper elaborates the legal system of marine ecological compensation,takes into account the compensation scope,and uses methods such as literature research and comparative analysis to sort out the theories of marine ecological compensation in various fields,summarizes some international treaties and domestic legislation and regulations related to marine ecological compensation,finds out some problems existing in the scope of compensation,and suggestions are put forward based on the reference of foreign advanced practices.As for marine ecological compensation,there are some theories such as user compensation theory,ecological loss compensation theory,and reward and punishment two-way compensation theory,the author agrees with the theory of reward and punishment two-way compensation theory,it is considered that the marine ecological compensation should include the marine ecological protection compensation and the marine ecological loss compensation,and the marine ecological loss compensation is also different from the marine ecological damage compensation,in the form of table,this paper distinguishes the three from many angles,the marine ecological compensation discussed in this paper does not include the marine ecological damage compensation.By sorting out the international treaties and domestic legislation related to the scope of marine ecological compensation,in this paper,the scope of marine ecological compensation is divided into four categories from two perspectives of compensation to human and compensation to the sea,respectively,compensation for the loss of persons,compensation for the loss of the sea,compensation for the protection of the sea and compensation for the protection of persons,compensation for the loss of persons including loss cost and investment cost,compensation for the loss of the sea including direct loss and indirect losses,compensation for protection of the sea.including expenses for reproduction and construction,and compensation for protection of persons including rewards for contributions made to marine ecological protection and compensation for sacrifices made for marine ecological compensation.The article also gives my own understanding on several controversial issues:the pure economic loss related to marine ecological damage should be compensated,and the focus of the current discussion should not be whether the compensation should be made,but how much compensation;for the loss of fishery resources,when fishery resources are reduced due to marine ecological destruction,compensation should be made for both direct fishery loss and natural fishery loss;when the damaged ecology is not recoverable,compensation is limited to the cost of reasonable restoration measures;the scope limit of marine ecological compensation should be between the maximum and minimum,and be calculated in combination with specific losses.After sorting out the legislation and analyzing the disputes,it is concluded that there are some problems in the legislation,such as lack of special laws and regulations,the compensation scope is not clear,low level of lower law,in the scope of compensation,there are some problems too,such as paying attention to compensation for loss,ignoring compensation for protection,lack of three-dimensional compensation thinking and deviation in understanding.In order to promote the improvement of the legal system and compensation scope of marine ecological compensation,this paper puts forward targeted countermeasures,in terms of institutional improvement,special laws and regulations for marine ecological compensation should be introduced to make compensation have laws to follow,at the same time,the implementation of the detailed rules to improve the follow-up supporting facilities,and activities should be held to enable more people or groups to participate in marine ecological protection,so as to enhance social participation in marine ecological protection;in terms of focus,to realize the transformation from compensation after the event to compensation before the event,protection before development,pay attention to the protection of the weak in the compensation,set up the three-dimensional compensation thinking.