Research On The Legal System Of Market-oriented Ecological Compensation In My Country

Ecological problems have become one of the bottlenecks restricting the rapid development of my country’s economy,seriously affecting the coordinated development of ecological and economic interests.In order to achieve ecological balance and sustainable development,the ecological compensation system has been proposed and applied in practice as an important means of protecting ecosystem service functions.The most common ecological compensation mode in China is the government-led ecological compensation legal system.It is undeniable that the government-led ecological compensation legal system has incomparable advantages over other compensation models in terms of financial security,system implementation and compensation efficiency.However,with the further improvement of the market mechanism,the government-led ecological compensation legal system has gradually been unable to adapt to the social needs of ecological compensation practice,and there have been problems such as single compensation subject,narrow channels of compensation funds and unreasonable compensation standards,which have hindered the comprehensive development of ecological compensation.In order to solve this problem,the report of the 19 th National Congress of the Communist Party of China proposed the establishment of a market-oriented and diversified ecological compensation system,which pointed out the direction for China to reconstruct the legal system of ecological compensation.However,due to the imperfect market mechanism in China,the goal of constructing a market-oriented ecological compensation legal system must be guided by the relevant subjects.At present,the practice of market-oriented ecological compensation in China has more or less involved the government and other administrative organs.It can be seen that the construction of market-oriented ecological compensation legal system is not based on the premise of abandoning the government-led ecological compensation legal system,but to change the role of the government in ecological compensation,from the original dominant position to the guiding position,give full play to the regulatory function of the government,and realize the diversified ecological compensation legal system combining government compensation and market compensation,so as to escort the practice of market-oriented ecological compensation.This paper mainly uses literature analysis,comparative analysis and case analysis and other research methods to analyze,summarize and summarize the relevant legal problems involved in the process of market-oriented ecological compensation.On this basis,it puts forward suggestions for improvement,and provides possible paths for the construction of market-oriented ecological compensation legal system.First of all,it explains the legal concept,theoretical basis and difference from other environmental legal systems of the market-oriented ecological compensation legal system,which points out the direction for the next research.Secondly,the practical cases of market-oriented ecological compensation at home and abroad are analyzed and studied.At the same time,the legislative status and policy status of market-oriented ecological compensation in China are sorted out,and the legal basis,policy environment and legal problems in practice of constructing the legal system of market-oriented ecological compensation are summarized,which provides a specific path for improving the legal system of market-oriented ecological compensation in China.Finally,it puts forward perfect suggestions for building a market-oriented ecological compensation legal system in my country from the aspects of establishing ecological compensation legislative principles,formulating special ecological compensation legislation,reconstructing dispute resolution mechanisms and clarifying natural resource property rights.