Legal Thinking About Watershed Ecological Compensation System In China

There is a common interest rule that people believe the environment is priceless and natural resources is unlimited in a long time, which plays a role in course of providing and enjoying ecosystem services. Thus they do not recognize the value of watershed ecosystem services, such deep-rooted concept constrain the development, utilization and protection of watershed resources and the environment. Due to the deviation of the concept, the providers of watershed ecosystem services have not received a corresponding return and the beneficiaries have not rendered corresponding compensation, which makes the beneficiaries enjoy the ecosystem services freely, but the providers can not afford to conserve watershed resources and protect watershed environment in a proper way for lack of enough funds. As a result, the ecological environments in a gradual deterioration result in more serious watershed ecological crisis. Robert Constanza et al. published "The Value of the World's Ecosystem Services and Natural Capital", in which the value of ecosystem services discussed in detail so that people can gradually change the misconception of environment priceless and the nature resources unlimited. Now that the ecosystem services have value, the watershed ecosystem, as an integral part of the ecosystem, services also should be valuable. How to build a rational legal system to deal with ecological crisis and realize the social justice in course of providing and enjoying watershed ecological service has become the focus of academic discussion, and scholars generally agreed that the most effective way is watershed ecological compensation system.Because the provisions of relevant laws concerning watershed ecological compensation system are not systematic and perfect. As a result, the laws can not effectively protect the social justice in course of providing and enjoying watershed ecological service in our country. In order to realize this kind of social justice, improvement of our country ecological compensation system is urgent. Therefore, I chose the "Legal Thinking about Watershed Ecological Compensation in China " as the topic of my thesis, which has a great theoretical and practical value. The essay is divided to four except introduction and conclusion, approximating 39 thousands words.In this paper, research method including empirical analysis, case analysis, data analysis, etc. This paper puts forward some reasonable and sound legal advices on the basis of evaluation and analysis relevant policies and laws, and expects to realize social justice in course of providing and enjoying watershed ecological service through the way of legal adjustment.The first part focal discussion point has been put on concept, theoretical basis, property, function, theoretical basis and value proposition of watershed ecological compensation system. First, this part defines the concept of ecological compensation system at legal level and divides watershed ecological compensation into two types, one type is the basic watershed eco-compensation, the other type is inter-regional watershed eco-compensation, and the discussion of this article is based on the classification. Second, this part points that the role of watershed ecological compensation system, relying on legal means to reconcile the conflict between providers and beneficiaries, is to realize fairness and justice in course of providing and enjoying watershed ecological service. third, in order to overcome the defects, the distinction between indemnify and compensation have not fully recognized by other scholars, this part carry out a comparative analysis between indemnify and compensation and points out the nature of watershed ecological compensation system is that the beneficiaries offer reasonable compensation to providers in the course of providing and enjoying watershed ecological service on the basis of legal value of fairness, justice and order. Fourth, this part discusses three basic economic theories, including ecological capital theory, public goods theory and the theory of external effects, which are the basis of construction of watershed ecological compensation system. Finally, this part systematically analyzes the value proposition, including justice, efficiency and order, on which this system relied.The second part analyzes the necessity of establishment of watershed ecological compensation system. This part analyzes the status quo of watershed and causes of contradictions between providers and beneficiaries during the course of providing and enjoying watershed ecological service. On the basis of analysis, this part advances that watershed ecological compensation system, which can encourage behavior of environmental protection and restrain behavior of environmental destruction, which can effectively adjust the relations between providers and beneficiaries. Therefore, the contradictions between providers and beneficiaries can be reconciled.The third part analyzes policies and legal provisions concerning watershed ecological service compensation, the defects in these provisions and profound reasons of the existing defects. On the basis of systematic analysis of relevant legal provisions, this part indicates that the legal provisions about watershed ecological compensation system have just laid a foundation and played a certain role in practice of watershed ecological compensation, but the relevant legal provisions have serious defects such as the legal provisions are extremely principle and disperse, legal provisions lack of relevant technical norms, legal compensation forms are single, which seriously restrict effective implementation of watershed ecological compensation. Besides, this part indicates that reasons of the above defects result from obstacle of concept, deviation of legislative purpose, immaturity of legislative practice, technical problems, etcThe fourth part puts forward legal suggestions about the perfection of relevant legal provisions, the establishment of guiding principles and perfection of content relating watershed ecological compensation system. First, this part gives some suggestions about perfection of watershed ecological compensation legal system, points that this legal system should include national and local legislations, general and single legislations as well as procedural and substantive legislations, and also point that the relevant legislations, including law, administrative regulation, local legislation and other regulations in multi-level, should revised. This part also suggests promulgate "Regulations for the Implementation of watershed eco-compensation" at appropriate time. Second, this part points out that the principle of the beneficiaries pay a fee to providers in course of proving and enjoying the watershed ecological service should be the basic principle of this legal system. Third, this part proposes legal proposals bout perfection of content in main aspects, including compensation subject, targets, standards, modes and ways, contained in basic watershed eco-compensation and inter-regional watershed eco-compensation.