A Study On The Legal System Of Ecological Benefit Compensation

The concept of ecological benefit compensation can be analyzed in sense of broad or narrow. The author limited the topic in the narrow sense which is about the compensation toward subject of pollution treatment and natural resources protection.The author holds that the levy system with the charge system of pollution for the predominance is the compensation system that the ecological resources consumer compensates the owner, namely the government. And the stable legal relation had developed between the government and the consumer. But with the development of people's demand for the ecological product in the quantity and quality, the supply based on the nature productivity can't meet the consumers-demands. So it is the urgent matter of the moment that the government would take some measures to encourage people proceeds the pollution treatment and resources protection. Therefore the compensation in the scope of pollution treatment and ecological resource protection is to offset the positive exterior behavior in environmental protection .In fact it is a trade that the government or the subjects who enjoy ecological benefit buy the ecological resource from the managers.The compensation system involves some relevant courses.It is based on their study results on ecology, economics, sociology etc. For example, the scope and standard of the compensation should be determined by the result of ecological valuation research .And the system can get a practical society basement with the help of the theoretical development of civil environmental right and changes of government management method.Commenced on the basic category of the compensation system, this dissertation include four parts .The first part focus on the meaning, the kind and the characteristics of the system .In the Second part, it argumentsthe theoretical foundation of the system from four angles such as theories of ecology, economics, fair and civil environmental right. Then some ideas were put forward that the system of our country would be improved by summing up the successful experience of several foreign countries, analyzing the shortages of the practices in the last 20 years of our country. Finally, the author puts forward some proposals of legislation to establish the compensation system in our country.