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Research On The Goal Of The Value Of Ecological Compensation

Posted on:2012-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z D LiFull Text:PDF
GTID:2131330332497690Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
We know that the natural ecological environment is the basis for our existence and development. First of all, the natural environment provides us with existence and development of space needed, but also provides us with the production, further material basis of life and protection. However, since the reform and opening up dynasties, people gradually raise the living standards of extreme pursuit of material wealth, and many people who hold of the concept of the ecological environment "non-environmental sources of own and do not have white instead of " caused serious pollution and damage sustained, and further led to the ecological crisis and the occurrence of the large areas of ecological disaster. Ecological compensation, an effective system of protecting the natural environment appearances. Because few people concerned about the goal of the value of ecological compensation problem, I choose to study the subject:"Research on the Goal of the Value of Ecological Compensation". The whole paper is divided into four chapters, the body is of 32000 words.The first chapter of the paper is to study the concept of ecological compensation in the legal sense. As the objects of adjustment of the various disciplines are different and ecological compensation itself is complex, defining the ecological compensation is hard. As the author studies the ecological compensation in the legal sense, the author pays more attention to the meaning of defining the concept of ecological compensation in the legal sense. The concept of ecological compensation originated in the ecology of ecological compensation, forming in economics, so I first discussed the simple meaning of ecology and economics about the meaning of the concept of ecological compensation. The author compares the more representative scholars of three defining the ecological compensation in the legal sense; and by comparison, finds their lack of definition. The author wants to explain the definition of the concept of ecological compensation. The author believes that ecological compensation is defined that to achieve fairness and justice of eco-system services, the state or the beneficiaries of eco-system services provide their particular form of compensation to the providers who provide good eco-system services. We further believe ecological compensation is entitled to a good ecological service function, and compensate the provider to achieve the balance of interests. In the full understanding of the concept of ecological compensation, the nature of ecological compensation is made into the two perspectives. The second chapter is to focus on interpretation. The author discusses the ecological compensation of the important goal of value. In this chapter, Environmental Law and the value contained can be made some analysis:the goal of the value plays a guidance role for the value from the abstract direction to the concrete direction. Environmental Law and its institutions and policies contained (such as ecological compensation) of the goal of value is based on the value of environmental law, initiation, evolution, coordination and development of forming. Natural environment is on the basis of human care. The subjective people choose according to their own specific subjectivity include environmental law and its legal system related to the usefulness, appropriateness and legality. And further interests of the ecological relationship between compensation are some sort of multiple kinds. The author believes the important value of ecological compensation goal is to achieve distributive justice-the balance of interests. to explain in clear themes, the author thinks that the ecological compensation in the interpretation of the meaning of balance of interests, and further believes that to achieve the balance of interests should need compensation for the ecological compensation from the subject, the object of compensation, compensation standards and specific control measures. The author believes that the main body of ecological compensation includes the main market players and public players, in the current and beyond period of China, the public body has been in a strong position. Ecological compensation object also contains two categories:the builders of the environment and the protector who are lost of the development opportunities due to protection of the environment. Standards for ecological compensation, are mainly borrowed from Compensation Research Group of the view of ecological compensation point:the first method is with reference to the value of four preliminary accounting, including the ecological and environmental protection and the builders of the inputs and loss of opportunity costs and ecological benefit of beneficiaries, cost recovery of ecological damage, the value of ecosystem services; second approach is that ecological environmental protection and ecosystem services into accounting-based valuation is to determine the ecological compensation method and can compensate to a certain range within the scope of negotiations of the two sides. For the balance of interests to achieve the specific control measures, the authors will draw on advanced foreign experience, based on the fabric of our reality, which can take three measures:financial transference payment measure, environmental benefits compensation measure and ecological tax compensation measure.In the third part, the author will address the fundamental goal of the value of ecological compensation:sustainable development. In fact, sustainable development is a topic of discussion for a long time, but the authors from the perspective myself understands the sustainable development. First, Ecological compensation is pursuit of sustainable development, by making the environmental protection and the economic development sustainable. Second, Ecological compensation solves the problem of intergenerational equity. Because of limited capacity, I do not make more in-depth level and only in the relatively superficial level to explain.The fourth chapter is concerned about the fundamental value of the goal of ecological compensation:people-natural environment are harmonious. The ultimate goal of any legal system must be the pursuit of harmony. For the harmonious order of the problem, I first think of the ancient "Heaven-Man" is a "virtue-based" view of the harmonious order. It is difficult to put into concrete level. Modern society is a society ruled by law, according to the law for a certain behavior in modern society. The harmonious order should be "rule of law-based". This order should be the fundamental objective for ecological compensate pursuing. This "rule of law-based" harmonious order needs the law to ensure implementation and achieve the people-the natural ecology-human perfect and harmonious order.
Keywords/Search Tags:Ecological Compensation, Benefits Balanced, Sustainable Development, Harmonious Order
PDF Full Text Request
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