Study On Ecological Compensation Legal System

The problem of ecological compensation is focused widely by the public,whichis an important part of ecological maintenance and construction. The ecologicalcompensation legal system is a regulation system composed by a series of lawcodexes regulating the ecological compensation relation.Erecting ecologicalcompensation legal system is one of missions in building environment amity andharmonious society′s legal order.So, ecological compensation legal system is asignificant matter in environment law research.As the method,the article will follow a basical research way of environmentlaw,which relys on law and background of ecological economics,environmentalmanagement. As legal concept ,legal principle,legal system, management systemas cut-in point ,it will achieve the aim of studying the ecological compensation legaltheory and building ecological compensation legal system through analysing thesefundamental law elements.The article is composed by six parts. The preface introduce the age backgroundof studying on ecological compensation legal system .The first part judge ecological compensation′s jurisprudence character byanalysing its legal concept and legal elements. In the article, ecological compensationis a filling-up and reversion to who losing ecological benefit in ecologicalmaintenance and construction in a ecological society.The second part investigate the social foundation of building ecologicalcompensation legal system in china.The author think, ecological compensation′stheoretical foundation include the theory of ecological-externality,the theory ofpublic goods ,the ecological resource theory and the equity theory, The articleresearch the necessity and feasibility of building chinese ecological compensationlegal system on condition of Chinese society,economy,environment nowadays.The third part is the most important part of the article which will erect ecologicalcompensation legal system. Firstly, ecological compensation legislation should followthe idea of scientific -development and scientific legislation principle.Secondly,ecological compensation legal principle include the principle of ecological benefit,the principle of equity compensation , the principle ofgov-dominancing,market-pushing and the public-participating , the principle ofagility,the first principle is the basical principle because it incarnate the meritobjective of ecological equity and ecological justice in ecological society.The authorthink, ecological compensation legal system can be classified into two kinds by thedifferene of their mechanism,which are economic balance system and market balancesystem.The former inlude the finance transfering system ,the ecological tax or chargesystem and the ecological compensation fund system.The later make the best ofmarket function,which involve the exchange of the water and the quota.In order tobalance the ecological benefit,we also should build the system of special ecologicalsection and the ecological compensation legal system in drainage area.The fourth part of the article introduce some problems we should regard, suchas the mode of ecological compensation legislation, the point we can break throughnowadays,the public participation ,the assistant effect of ecological compensationpolicy. The last part conclude the article .