Research On The Legal System Of Ecological Protection Compensation In The Yangtze River Economic Belt

The Yangtze River Economic Belt has been one of the greatest comprehensive and the biggest strategic supportive basin in China.But with the high-speed economic development of the Yangtze River Economic Belt,its development faces increasingly serious ecological and environmental problems.The Development Program along the Yangtze River Economic Belt(2016)put forward to the strategic deployment of the Yangtze River Economic Belt,worked together for greater protection rather than greater development,insisted on placing paramount importance on restoring the ecological environment of the Yangtze River.The restoring of ecological environment in the Yangtze River Economic Belt Basin is a systematic and complicated project,which involves different stakeholders of 11 provincial and municipal governments,but the core of resolving disputes between different stakeholders is establishing the ecological protection compensation in the basin.In recent years,national and local government has introduced many policies and laws to actively explore the horizontal ecological protection compensation in the basin.In the modern system of state governance,ecological environmental management has become an important spatial background and material elements of influencing the effectiveness of state governance,whose efficiency constitutes the core competitiveness o regional development to a great extent,and determines the prospect o regional development.The Yangtze River is the “umbilical cord” of the development of the Yangtze River Economic Belt Basin,but today,“the Yangtze River is sick,and it is very sick”.The overall ecological environment and its governance effectiveness has constrained the sustainable development of the Yangtze River basin severely,which has became a key variable influencing zone capability.Curing “Yangtze River Disease” should start from the ecosystem integrity and systematicness of the Yangtze River basin,and establish the concept of“community of life” of the Yangtze River Economic Zone,and work together for greater protection rather than greater development,in order to offer the healthy-ecological environment for the people along the River and all over the country.As a new flexible means of environmental governance harmonizing the zone development with ecological environmental dynamic equilibrium,the ecological protection compensation system of the basin has turned out to be able to coordinate all kinds of interests relationship and all kinds ofcontradictions of the main part of water use in the Basin.The system should be a leading governance tool for the ecological environmental governance of the Yangtze River Economic Zone in the basin,which also needs the law to ensure protection as a good environmental governance tool.However,under the current system of laws and regulations,there are also the legal problems of the ecological protection compensation in the Yangtze River Economic Zone,mainly such as systematic defect from the legislative level,institutional deficiency from the operational level and the ensuring problems from the level of the compensation dispute settlement.On the content system,the dissertation is divided into six parts by the research approaches of finding,analyzing and solving the problems.The introduction summarizes the research background and significance of establishing the legal system of ecological protection compensation in the Yangtze River Economic Belt basin,systematically reviews and briefly comments related research on ecological protection compensation of the basin at home and abroad,in order to perfect the reason and basis on the legal system of the Yangtze River Economic Belt basin.The Chapter One deeply analyzes related theory basis for the legal system of ecological protection compensation in the Yangtze River Economic Belt Basin from the three aspects.Firstly,the ecological protection compensation in the Yangtze River Economic Belt Basin is a complex concept,therefore,the dissertation defines the related concept from the legal aspect.Secondly,the dissertation should define the reason basis of the ecological protection compensation in the Yangtze River Economic Belt Basin from the ecology,economics and management aspect.Thirdly,based on analyzing the above reasons,the dissertation elaborates the principle of equal rights and obligations,the theory of citizen’s environmental rights and environmental justice,which reasons have an effect on the legal system of ecological protection compensation in the Yangtze River Economic Belt Basin.The Chapter Two analyzes the status quo and the cause of the ecological protection compensation in the Yangtze River Economic Belt Basin.The dissertation analyzes the practice and the system progress of the intra-provincial and inter-provincial ecological protection compensation in the Yangtze River Economic Belt Basin,summarizes the different types of practice patterns,and explores the sources of the above patterns.Based on analyzing the legislative progress and policy provisions of ecological protection compensation in theYangtze River Economic Belt Basin,it thinks that the cause of progress in the status quo of the Yangtze River Economic Belt Basin,mainly such as unclear central authority,immaturity inter-provincial cooperation and the game models,and inadequate legislative governance.Chapter Three generalizes and introduces the major legal questions of the ecological protection compensation.Firstly,imperfection in legislation of the legal system of the ecological protection compensation in the Basin,such as insufficient constitutional basis of compensation-lacking operating of existing legal provisions and no special laws of the ecological protection compensation of the Basin and so on.Secondly,imperfect specification of the ecological protection compensation in the Basin,such as not clearly defining the compensation subject,imperfect compensation standard system,management contradiction of compensation partition and poor public of compensation oversight and so on.Thirdly,the obstructed ways to settle the compensation disputes and undefined compensation liability.Chapter Four studies the related legal system of the abroad ecological protection compensation.Based on introducing the system of ecological protection compensation in the Rhine Basin of Europe,the Elbe Basin of Germany,the Tennessee Basin of USA and paying for water in France,and considering the deficiencies of the legal system of the ecological protection compensation in the Yangtze River Economic Belt Basin,the dissertation learns from the useful lessons of improving the system of the Basin,setting up cross-departmental management agencies and establishing the compensation public participation and so on.Chapter Five puts forward to perfecting the legal system of ecological protection compensation in the Yangtze River Economic Belt Basin.Firstly,the dissertation insists that we should establish the basic principles of ecological protection compensation from the legislation aspect,which include the principle of compensation from the beneficiary to protector,the principle of sustainable development,the principle of justice and equity,the principle of the government-led and market-led integration,the principle of regional collaboration and the principle of public participation.Secondly,we should make up for the fundamental problem of insufficient legislative supply through legislation perfection.Thirdly,the dissertation insists that we should perfect the legal system of the ecological protection compensation in the Yangtze River Economic Belt Basin from compensation subject,compensation standard,compensation approaches and methods,compensation governmentinstitutions,the system of public participation and so on.Lastly,we should smooth the ways to settle compensation disputes and define compensation liability.