Research On The Ecological Compensation Legal Mechanisms Of Soil And Water Conservation

Soil erosion exists all over China; be it mountainous areas or hilly areas, rural areas or urban areas, they are all faced with the problem of soil erosion in one way or another. The consequences are obvious: land degradation, destruction of cultivated land, deposition of rivers and lakes and the aggregation of flooding, to name a few. Besides, soil erosion will result in worsening living environment and increasing poverty. The even worse thing is that soil erosion will weaken the regulatory function of ecosystem and pose severe threat to the safety of ecosystem and drinking water.Soil erosion now is a fact we can not afford to ignore and finding out an effective solution and establishing and bettering the ecological compensation mechanism in soil and water conservation is a must choice.The current ecological compensation mechanism of soil and water conservation mainly lies in the"2-fees"System, i.e. collecting fees for the facilities of soil and water conservation and for the prevention of soil and water conservation.The implementation of the"2-fees"System has played a significant role in soil and water conservation but still needs further improvement. And the ecological compensation mechanism of soil and water conservation can only be found in laws and regulations like The Law of Soil and Water Conservation, which greatly affects the execution of the ecological compensation mechanism of soil and water conservation. And research on ecological compensation mechanism of soil and water conservation in China is still in the initial stage without any support or foundation from Constitution of the People's Republic of China.The establishment and implementation of the ecological compensation mechanism of soil and water conservation needs support and protection from the law. Only by revising and bettering the Law of Soil and Water Conservation, by clearly finalizing the regulations on preventive & protective, productive & constructive and administrative ecological compensation in law and bettering the ancillary rules and regulations on soil and water conservation and defining the subjects, objects, methods to compensate, can a complete and effective ecological compensation mechanism be established.The ecological compensation mechanism of soil and water conservation is an essential part of ecological compensation system. Currently, research on this area is far from complete and this thesis intends to elaborate in theory the meaning of ecological compensation and the ecological compensation in soil and water conservation, to explain the importance of ecological compensation in soil and water conservation and give out some constructive measures to solve the problem existing in the legislation of the ecological compensation mechanism of soil and water conservation. By analyzing the theoretical basis of the ecological compensation in soil and water conservation, it is concluded that a legal system of the ecological compensation mechanism of soil and water conservation should be established, including defining the compensation subjects, the compensation objects, standard and methods as well as concrete measures. This thesis shall provide guidance on the construction and improvement of a legal system of the ecological compensation in soil and water conservation.