Research On River Basin Ecological Compensation Legal System Of China

Recently, with the rapid development of China's economy, problems of water ecology and environment become the bottleneck of the social and economic developments, even severely destroy the national ecologic safety, and obstruct social and economic comprehensive, coordinated and sustainable development. For the sustainable use of water resources, China should carry out institutional creations, with the guidance of sustainable development. Meanwhile, river basin ecological compensation legal system can provide the possible path for such creations.With the analyses of river basin ecological compensation theories all over the world, the thesis expounds the definition, legal nature, legal relationship and problems of China's river basin ecological compensation comprehensively and deeply; demonstrates the construction of China's river basin ecological compensation systematically; enhances the promulgation of China's river basin ecological compensation legal system to protect the water environment. The thesis is composed with 7 parts.PrefaceBy analyses of river basin environment problems, the thesis generalizes the existing research condition all over the world, and brings forth research ways and methods.Chapter I: Theoretical Foundations of River basin Ecological Compensation SystemFrom the view of compensation laws, the author brings forth his own definition on ecological compensation and river basin ecological compensation, analyzes the features of river basin ecological compensation, and points out that the nature of river basin ecological compensation is the combination of economic act, administrative act and civil act. The types of compensation are longitudinal compensation by central government and transverse compensation by river basin local governments.Chapter II: Relative Theoretical Analyses on River basin Ecological Compensation SystemDifferent methods have important meaning to construction of river basin ecological compensation legal system. By use of such methods as jurisprudence, environmental economics, game theory, sustainable development theory, environmental ecology and environmental ethics, the chapter provides the theoretical foundation for the frame of river basin ecological compensation.Chapter III: Foreign Countries'Experiences and Explorations of River basin Ecological Compensation.In foreign countries, river basin ecological compensation is called as ecological or environmental service payment, including self-organized private deal, open trade system, ecological symbol, public payment system. The water right trade and pollution trade are not designed for ecological compensation specially, but for their role of ecological compensation, which can be included into river basin ecological compensation system. Foreign countries'experiences and explorations have important inferences to China's construction of river basin ecological compensation legal system.Chapter IV: China's Practice and Problems on River basin Ecological Compensation.This chapter introduces the history and practice of China's river basin ecological compensation. In China, central governmental purchase is the main method of river basin ecological compensation. Some district governments also explore the practice of river basin ecological compensation. However, there are some problems in China'river basin ecological compensation legal system such as distemperedness of legal system, compensation mainly by government instead of market, the simple compensation standard which can not reflect the value of ecological service, maximum benefit can not be realized for multi-supervisor, indefinite property right, confusion with poverty relief project leading to impractice of protect and sustainable use of ecological service system.Chapter V: Legal System Framework of China's River basin Ecological Compensation. China's river basin ecological compensation legal system should take the combining pattern of ecological compensation basic law—ecological compensation law and special act—river basin ecological compensation act or river basin law. The legislative principles are those protectors should benefit, benefiters should compensate and polluters should take responsibility; combination of ecological effects and economic effects; combination of governmental compensation and market compensation. The administrative pattern should be coordinate with the pattern regulated by"water law". River basin administrative committee should be set up accordingly, and the river basin administrative bureau—the executive organization—should be set up also. At moment, the river basin administrative meeting should be set up at first to supervise different districts to carry out ecological compensation. Compensation standard should be calculated and negotiated. Compensation procedure should not be regulated excessively. Governmental functions in river basin ecological compensation should be defined as scheme, service and supervision. The governmental financial responsibility should be differentiated to central governmental or local governmental responsibility. As to the national ecological area, the central government should take the compensation responsibility; upriver province, city and county should take the executive compensation responsibility. As to the inner-province ecological functional area, all the central, provincial and prefectural governments should take the compensation responsibility. Downriver district should transfer the payment to the upriver district transversely,and transverse financial transference standard should be negotiated by bilateral governments or multilateral governmentsEpilogue: Conclusion and Perceivation of the Research.