Ecological Compensation Legal System Research

The ecological system firms the material basis of social development, providing raw materials for human-being and economic development. The re-production capacity of the eco-system has been deteriorated, due to exploitation and abuse in utilization of natural resources. Maintenance of the damaged eco-system is crucial to re-establish its function and value, promoting sustainable development. Compensation of the injured party by the beneficial party accords with the principle of justice. Ecological compensation has become a hot issue in ecology, eco-economics, environmental management, sustainable development and other research fields.This paper studies ecological compensation from the perspective of law. The paper is divided into five chapters. Preface parts are mainly described the research scope, significance, method, etcChapter one defines ecological compensation, which means the social capacity to compensation, which means In order to protect the ecological environment as the starting point and by human on the ecological environment, the protection, compensation, comprehensive management of ecological environment, and builders and for ecological protection and loss of interest in developing opportunity of capital, technology, and the compensation and preferential policy, damage the ecological environment behavior of economic externalities into economy internality, make the economic value of environmental resources, protecting the ecological environment of the behavior, so as to realize the rewards of ecological system and sustainable development of human society. Then, on the significance of ecological compensation legal system is analyzed. From the main ecological compensation law and justice, and environmental right, and balanced development of regional sustainable development and discusses four aspects.The second part is firstly analyzed the principle of ecological compensation. Namely fair principle, the coordination principle, the government compensation and the principle of combining the market compensation. And from the externality theory, public goods theory and the theory of value of environmental resources ecological compensation system discussed in three aspects of theoretical basis. The third part, this paper introduces the development of ecological compensation legal system with the status quo, pointed out the shortage of ecological compensation system mainly lies in the relevant laws and regulations (the lack of a system is not perfect, the provisions of the laws and regulations stipulated on the principles, contents is not in place), Not fully economic means, Compensation funding shortage.The fourth part, puts forward the ecological compensation system is established, the first of the corresponding legal system in China, and then studied the main ecological compensation system (ecological compensation transfer payment system, the financial ecological compensation system, ecological taxation system of current situation and), and its perfect defects were proposed.