Study On Legal System Of Eco-compensation In The Regionalization Of Soil Erosion

Water and soil loss is a serious problem across China. Its impact on ecology, economy,residents’ production and life varies from regions to regions due to the difference of soilerosion intensity in different regions. In order to prevent Water and soil loss scientifically andeffectively, different regions should take different measures. Therefore, regionalization of soilerosion is divided all over the country. On the basis of considering features of nature,economy, society and ecological security of an area as a whole, regionalization of soil erosionwhich is important ecological and agricultural products offered area is divided according tothe administrative unit. It has evolved from three regions to two regions.Regionalization of soil erosion has important function of ecosystem service and belongsto areas of limiting and prohibiting development. The inevitable choice in this area is toimplement ecological compensation system. In terms of theoretical basis, ecologicalcompensation is an effective means of internalizing the externalities and balance mechanismof coordinating different interested parties. It is the embodiment of maintaining social order,justice and efficiency. What’s more, it emphasizes the value of ecosystem service.Soil and water conservation refers to the measures taken to prevent and control water andsoil loss. To enhance the function of ecosystem service of Regionalization of soil erosion, thesystem of eco-compensation mechanism is applied. In terms of current situation of legislationand policy,Eco-compensation mechanism on soil and water conservation is ruled in The Law of thePeople’s Republic of Soil and Water Conservation (2011) and some local laws. Meanwhile theParty Central Committee, the State Council and the local attach great importance to therelated work and publish different policies of ecological compensation in different periods.However, due to the lack of legislation about ecological compensation at the national level,there is no strong support of system of ecological compensation. Besides, those policies areprincipal and can’t be applied into practice. In terms of practical situation, the key preventionregion such as Sanjiangyuan area, the key supervision region such as Jing Shan Meng Ganarea of energy, the key rehabilitation such as the source area of Danjiangkon reservoir and theThree Gorges Reservoir area have made some try and research on eco-compensationmechanism about water and soil loss and a lot of successful experiences are summarized.Eco-compensation mechanism of Regionalization of Soil Erosion has been preliminarily established, but there still exists some legal difficulties in implementation. The thesis providesexperiences for perfecting eco-compensation mechanism through comparing witheco-compensation practice in foreign countries and analyzing the subject, objects, standards,period and methods of compensation.Eco-compensation is used for compensating the ecological benefit based on “socialjustice”, so three points should be paid attention to. Firstly, emphasize the goal of socialjustice in legislation and especially combine with the poverty alleviation. Secondly, thegovernment must interfere related things moderately. Thirdly, coordinate the mandatorypurpose and the masses’ participating willingly. Around the premise that complete legislationpurpose of eco-compensation, design different legal systems of ecological compensation fromsubject, objects, standards and methods according to features of water and soil loss in “tworegions”(the key prevention region, the key rehabilitation). At the same time, to ensure thesmooth implementation of legal system of ecological compensation, the evaluationmechanism of ecological effect and the examining system of public officials achievements ofGreen GDP should be set up.