| The western region is located on the upstream areas of Yangtze River, Yellow River, Pearl River and other major rivers. With rich resources and broad market, it is not only the ecological barriers of midstream and downstream, but also the water source self-control place. Simultaneously, the western region is the ecology sensitive and vulnerable area, and it has the most influence on the nation ecological environment. In recent years, due to natural, economic, social, and historical and other reasons, the western region's ecological environment is worsening, and the situation is quite stern. The western region as a national resource and ecological base has been seriously damaged. This brings pressure to the western regional economy and people's lives; moreover, it has great impact on the country's normal economic and social development. The problem of the western resources and the ecological environmental protection has become the key issue of China's economic and social sustainable development. However, for a long time, the western area outputs the resources unceasingly to the eastern developed area, it undertakes the ecological damage cost, actually has not obtained the compensation or the compensation it obtained is so little. If this kind of situation continues to develop, it will certainly cause the awareness of protection lack of public participation. Short-sighted act will pursue economic development at the expense of the environment, and the environment deterioration will continue. Therefore, the construction of the ecological compensation legal system is imperative.Since the 1950s, in order to deal with the economic and social development of resource depletion and ecological damage, ecological benefit compensation has been a new way in some countries and regions. And it becomes more and more important to balance and coordinate the ecological protection the development of economic and society. The study on ecological compensation still on its early stage, and different areas of the scholars with different angles on it, and it has not form a unified theory. With serious ecological environment problems in west China, from the perspective of the western ecological compensation study of the ecological environment is of positive significance on the protection and the sustainable development of the entire society.Based on this, the thesis discussed the general theory of the ecological compensation and the establishment of the legal system's background, necessity and possibility of the ecological compensation and the legal system and suggestion to the ecology compensation that ecological compensation legal system required. The first part of the thesis provides an overview of the general theory, it mainly on the concept, the base theory and present situation of the ecological compensation and ecological compensation legal system. The second part introduces the background, necessity, and possibility of establishment of the ecological compensation legal system. The third part analyzed the present situation of China's western ecological compensation legal system. Implementing the typical practice model "returning farmland to forests and grasslands" ecological compensation policy as an example, and gives a detailed introduction on the policy, then the evaluation on the policy. The fourth part is about improving and proposal of the western ecological compensation legal system. Guiding ideology and principle have clearly explained. The western ecological compensation legal system framework and proposal of the legislative system been constructed. The main body of legal systems, targets, standards and ways to improve the management of the ecological compensation system are proposed. As a result, the establishment of the ecological compensation restraint mechanism is urgent.
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