The Legal Mechanism Of Eco-Environmental Benefits Compensation

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. Eco-environmental benefits compensation has become a hot issue in ecology, eco-economics, environmental management, sustainable development and other research fields.This paper studies eco-environmental benefits compensation from the perspective of law. The paper is divided into four chapters. Chapter One defines eco-environmental benefits compensation, which means the social capacity to maintain the eco-system and to stimulate economic development. It includes compensation, recycling and comprehensive management of the eco-system, economic compensation of the party that contributes to eco-construction but loses in the process. Compensation of the injured party is an inalienable part of the eco-environmental benefits compensation system. Afterwards, the paper analyzes legal principles of the eco-environmental benefits compensation system and subjects of the legal relationship. Chapter Two establishes the theoretical foundation of the eco-environmental benefits compensation system through theories of externality, value of environmental resources and sustainable development Chapter Three introduces the current situation and development of the eco-environmental benefits compensation system in China, stressing on its defects. "Without detailed legal rules, legislation on the eco-environmental benefits compensation system is impractical. Furthermore, relevant legal principles and rules do not concord with each other. The paper points out difficulties China faces in establishing the eco-environmental benefits compensation system and puts forward relevant counter-measures. Chapter Four concentrates on the main mechanisms of the eco-environmental benefits compensation, analyzing their enforcement and defects and proposing suggestions to resolve these issues.