Research On Ecological Protection Compensation System From The Perspective Of Law And Policy

Establishing and improving the ecological protection compensation system is an important content and task of ecological civilization construction.It is an effective way to scientifically design the ecological protection compensation legal system to study how the ecological protection compensation policy and the ecological protection compensation law complement each other and complement each other with the methodology of law and policy.From the perspective of law and policy science,policy is based on solving social public problems.It not only undertakes the function of "top-down" authority to control and maintain social public order,but also responds to public concerns and gathers "bottom-up" public opinion and social wisdom.Compared with the traditional law research,the law in the perspective of law and policy not only pays attention to the connotation of traditional law as law,but also pays attention to the interaction between law and policy.According to the theory of law and political policy,both policy and law are needed for the governance of the country and society,and the paper studies how to coordinate and coexist policy and law in a changing society by the normative thinking mode of law.In a word,the science of law and political policy seeks reasonable basis and practical guidance for the design and effective implementation of the system in the process of balancing various social values,which has methodological significance.Using it to guide the design of ecological protection compensation system is conducive to the joint efforts of policy and law,and promote the realization of the purpose of ecological protection compensation system.Policy and law are the "one body and two wings" of ecological protection compensation system.They coordinate with each other to build a social relationship structure of ecological protection compensation.The essence of ecological protection compensation social relationship is the balanced allocation of ecological interests.The elements of social relationship include clear relationship subject,scientifically confirmed compensation object,differentiated compensation standard and flexible compensation mode.The concept of ecological protection compensation has its own origin and evolution track.Under the influence of diversified interests,its functions are constantly differentiated or integrated.Under the guidance of institutional norms and values,clarify the institutional meaning of the concept,so as to clarify responsibilities,so as to more standardize and clearly understand the connotation of the relationship between ecological protection compensation,and determine the scope of compensation under the guidance of "problem purpose".The main body of the compensation relationship should be determined by "directly related interests",and the content of the compensation relationship should be determined by "rights and obligations".The necessity of adjusting the social relationship policy of ecological protection compensation is determined by the characteristics of policy politics,policy flexibility,policy flexibility and policy incentive.Therefore,the extension of the concept of ecological protection compensation policy,the choice of policy tools and the way of policy adjustment are related to the specific social situation,which is flexible,extensive and timely.The necessity of the legal adjustment of the social relationship of ecological protection compensation is determined by the need of the development of ecological environment by law,the need of the legal confirmation of ecological interests,and the need of policy normative review.Therefore,the legal concept of ecological protection compensation should be defined in a narrow sense,and promote the convergence,coordination and integration of public law and private law.China's ecological protection compensation policy has been implemented for nearly 30 years,showing obvious policy dependence,which is not only caused by objective factors such as policy authority and policy inertia,but also related to subjective factors such as policy tradition and professional knowledge differentiation on which policies are based.The specific performance of ecological protection compensation policy dependence is that the policy output is intensive,the policy content covers a wide range,the policy relies on the central financial transfer payment repeated pilot,and the legal normative binding effect of ecological protection compensation is weakened.To a certain extent,the dependence of ecological protection compensation policy leads to the expansion of administrative power,the alienation of policy cognition,the running of ecological protection compensation legal space and other adverse effects.To ease or even resolve the policy dependence,we need to strengthen the standardized operation mechanism of ecological protection compensation system.One is to clarify the macro policies of the party and the state,the medium policies of the State Council and the "two offices",the micro and local policies of the functional departments of the State Council.The second is to balance the multiple purposes of ecological protection compensation policy under the guidance of multiple values,adhere to the win-win principle of "ecology" and "livelihood" of ecological protection compensation,and follow the internal operation logic of ecological protection compensation policy.The third is to coordinate national and local ecological protection compensation policies,ensure the authority and consistency of ecological protection compensation policies through top-down policy guidance and promotion,and consolidate the legitimacy foundation of ecological protection compensation system standardization by stimulating the active participation of civil society subjects,gathering public opinion and accumulating experience.Under the background of the construction of China under the rule of law and the construction of ecological civilization,the optimal interaction between ecological protection compensation policy and law depends on the rule of law of ecological environment.On the one hand,the ecological compensation policy should be legalized by the rule of law.The essence of legalization of ecological protection compensation policy is the rule of law in the process of policy formulation and implementation.Legalization of ecological protection compensation policy is the stability,refinement and sublimation of relevant policies.The legalization of ecological protection compensation policy should not only distinguish the application of civil compensation,administrative compensation and environmental resources compensation system,but also complete the legitimacy screening of the legalization of ecological protection compensation policy on the basis of clarifying the distinction between similar systems,the legal function of compensation system and the compensation of various "payment" legal relations in the field of environmental law.Taking the "ecological protection regulations(Draft)" as an example,this paper analyzes the purpose,principles and scope of application of the regulations,and finds that the review and transformation of the standardization and legitimacy of the policy legalization in the draft still need to be further studied.