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Study On The Ecological Compensation System Of River Basin In China In The Perspective Of Ecological Protection And Restoration

Posted on:2016-11-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:1221330467497600Subject:Economic Law
Abstract/Summary:PDF Full Text Request
It has been clearly indicated in the report of the18th Central Committee of theCommunist Party of China in2012that promoting the construction of ecologicalcivilization must rely on the system to protect the ecological environment. In thenewly revised "Environmental Conservation Law" in April,2014,it is set that ourcountry should found and perfect ecological protection compensation system. In the4th Plenary Session of the18th Central Committee of the Communist Party of China,it is reiterated again that we should protect ecological environment with strict legalsystem. Therefore, the construction of the ecological protection compensation systemwill be of great importance in pushing forward the process of ecological civilization inour country under the rule of law and strengthening the ecosystem environmentalprotection.River basin ecological protection and recovering is the key point to regain theecological serving functions of the damaged basin and promote the harmoniouscoexistence between man and nature. In the practice of basin ecological preservingand recovering,the interest relevance of different subjects in water resource utilizing,water environmental protection and biological diversity protection,is rather difficultto balance and achieve the target of protecting basin ecology. Therefore, it is adifficult problem to solve the river basin ecological protection and recovering. As anew-type environmental management approach,ecological compensation considersprotecting and continuously utilizing the ecosystem service as its objective,regulatesall kinds of interest relevance properly in ecological environment protection,remitsthe basin water contradiction among water usage subjects,and become a significantmeasure to recover and preserve the ecological environment in the basin.By the evaluation and analyses on the basin ecological environmental situation and ecological protection and recovery in present China, we should protect and restorethe basin water from ecological water requirements of these basins,the biotope formsituation of rivers or lakes,aquatic organism condition,wading landscape andimportant water source state, and complete the existing institution of law based onthese requirements. It made the eco-compensation standard unreasonable and theperformance evaluating system of the eco-compensation incomplete and nonstandardbecause there isn’t a uniform eco-standard law to refer during the protection andrestoration. Therefore, we should further complete the eco-compensation law systemduring the basin environment protection and restoration to promote the ecologicalprotection and restoration can run high efficiently.Because the basin ecological protection and recovery has relatively obviouspublic goods attribute. And the implement of ecological compensation systeminvolves the interest of many sides. So it must maintain the balance of the interestwithin the ecological compensation to keep the relative equilibrium of benefitdistribution. Therefore, this paper established the basin game model and analyzed onthe factors and relationships in the ecological compensation system. It showed thatlack the system will trap in the prisoner’s dilemma under the situation of system. Thetransfer payments between the subjects have no effect on the ecological protectionand repair of watershed. The ecological protection and repair mainly connect withcost benefit of party. So it needs to complete ecological compensation legal system incase to promote the ecological protection and repair of watershed. The country shouldbe involved into the ecological compensation subjects to provide more public goodand ecological service. Meanwhile, it also needs to analysis on the ecologicalcompensation legal system subjects like countries, natural people, enterprises, andsocial organizations. Thus, it can analysis the objects within the ecologicalcompensation legal system like currency compensation, good compensation andpolicy compensation. Further it can research on the ecological compensation legalrelationship. It emphasis the complete legal system is the premise of watershedecological compensation. The clear define of water right is the base. The compensation standard is the core. The couple of government and market is the mainmethod. And the cooperative mechanism is the guarantee.Therefore, the management and coordinate mechanism of eco-compensationshould be proposed from both aspects of government and market. Meanwhile weshould analyze the funding using mechanism of both basin restoration and protection,thus we can complete the funding using system of basin restoration and protection,complete the water resource rights trading system, advance the publicity evaluationand priority motivation system for ecological industry projects and the establishmentof the long-lasting eco-compensation legislation.
Keywords/Search Tags:basin eco-compensation, ecological protection and recovery, legal systemconstruction
PDF Full Text Request
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