Study On The Ecological Compensation Legal System Of China

The problem of the population,resources,and environmental pollution in our country have become increasing serious, It has influence the economy development of our country. It is an important aspect to set up ecological compensation system for the sustainable development of economy, environment and resource protection. The thesis discusses the content of ecological compensation, the meanings of establishing ecological compensation legal system, theoretical support of perfecting ecological compensation, analyzes the current situation of the ecological compensation legal system, base on the meanings of establishing the ecological compensation legal system, and puts forward some proposals on how to establishing ecological compensation. The ecological compensation legal system is studied from the aspects of legal system. The thesis includes four chapters.In the first chapter is the general introduction of the ecological compensation legal system. It analyzes the fragment theoretical problems of the connotation, character, and the meanings of the ecological compensation. The professors have different ideals about the connotation of the ecological compensation base on the different point of views of study. It can start with the character to define the connotation of the legal affair and reflect its implication and denotation. The character of the ecological compensation is as follows: the first is the legal character of the compensation; the second is the widespread character of the compensation; the third is the diversity of the compensation. By analyzing the character of the compensation, the thesis definite the connotation of the ecological compensation is as follows: the ecological compensation can maintain and promote the capacity of the ecological, restrain the consummation and the disruption of the natural resources, maintain the balance of the ecological system, prevent the pollution of the environment and the damage of the ecological system, do compensation,resumption,harness, the compensation of the fund,technology,material object to the people of doing the contribution to the ecological builders and the losers of the interest in the protection of the environment ,the favorable action in the policy. Establishing ecological compensation legal system can provide the guarantees of the fund to the protection of the ecological environment, the guarantees of the interest to the builders of the ecological environment, the guarantees of the regulations to the coordinate development between the ecology and the economic. It has great important meanings to stabilize the public order of the society, the fair and the justice of the society.In the second chapter is the theoretical problem of the ecological compensation legal system, analyzed from four points. That include the theory of fair and benefit the theory of the sustainable development,the theory of the public article,external effect. From the point of the fair, establishing ecological compensation legal system is to find a balance between protectors of the ecology and the benefit of the ecology, to maintain the stabilization between the subject and the energy, consuming the least work, to obtain the most of changeable efficiency and the storage, and the efficiency of the economic and the society, to insure the sustainable development between economy and the society. One important character of the environment is the widespread of the supply and the enjoy together of the natural resources, this character can lead to the problem of the tragedy of commons and free rider, when the environment is being used. Ecological construction and the protection of the environment can be seen as a common thing, has positive and negative external character .So establishing the reasonable ecological compensation legal system can move the energetic of the constructor of the ecological ,so the constructor of the ecological can have great interest, the wealth of the society can increase.The third chapter analyzes the present situation of the ecological compensation legal system. Now, the main problem of the legal system of the ecological compensation is as follows: Firstly《,The law of the protection of the environment》is not explicit in the protection of the environment; Secondly, the single law of the natural resources is not standard in the protection of the environment; thirdly, the local law is not perfect in the protection of the environment. A lot of restrict elements can be found in the development of the ecological compensation in our country. Ecological compensation is scientific, must be based on the scientific theory and scientific technique, the problem of the technology must be overcame to establishing the perfect ecological compensation legal system. Now, the people of our country are lacking the cognition of the importance of the ecological compensation. The cognition must be changed by education; The problem of the cognition must be overcame to making the most of the people caring about the problem of the protection of the environment. The market and the government play an important role in the control of the natural resources. But in some situations, the operation of the market lead to the negative effect to the operation of the economic society; the government can not do effective control and positive management of the resources. The fourth chapter put forward some views of how to perfect the ecological compensation legal system in our country, be aimed at the problems of it. Firstly, establishing the ecological compensate legal system. Now, the operative stipulation about the ecological compensation legal system ecological compensation legal system is lacking. So, it is necessary to circulate the thought of the ecological compensation to the environment legal system. Making many different regulations to adjust to the different ecological compensate legal systems. Supplying the dependable foundation of the law to the ecological compensate legal system. Making clear and definite foundation of《the protection of the environment》,perfecting the foundation of the local ecological compensation. Secondly, defining the terms of the ecological compensate legal system. That is to explicit the property right of the environment resources, to perfect the trade market of environmental property right, to establish perfect market of environmental resources, to improve the efficiency of the government compensation, take the rational means of compensation, establish the high efficiency government. Thirdly, the foundation of the ecological compensation should be clear and definite. The subject of the ecological compensation includes the market and the government. such as the area,the department,the enterprise and the individual person who has benefit, the damager to the environment, the country, the local governments have interests between them, the compensation of ecology recover of the local governments have the duty to protect the ecology. The suffering subject of the compensation include the contributor to the ecological environment, the loser of the interest of the ecological environment, the loser of the develop chance of the ecological environment. The object of the ecological compensation legal system mainly include ecological environment,the activity of the construction to the ecological benefit. The content of the ecological environment is the subject's right and duty.Constructing the ecological compensation legal system has great importance meaning to defending the fair of the society, develop the economic of ecological benefit, realize the sustainable strategy, give impetus to the society,the coordinate development of the people and the natural. Our country is just in the time of the development of the economic and the protection of the ecological environment, though there are some practice in ecological compensation ,there are still some questions, that will effect the realize of ecological compensation. So it is should be perfecting ecological compensation legal system, realizing the fair and the justice of the society.