An Empirical Study On Wetland Ecological Compensation Law

In recent years,the wetland in our country has been damaged to varying degrees. In order to protect the wetland, management of the wetland limited the residents around of wetland to utilization of the wetland resources. Those prevention and control measures led to economic losses for the local residents to a certain extent, also made them lost some development opportunities. Forestry ministry and local government in China refered to the establishment of wetland eco-compensation system in the relevant provisions of the wetland management, but it is difficult to protect the legitimate rights and interests of the losers, due to the mere absence of the regulations and the work of wetland eco-compensation was not have a standard. From a realistic point of view, the main reasons are the not perfect of legal system of wetland protection, the lack of funds, the compensation mode of Wetland lacks pertinence. The author thinks, develop "Wetland Eco-compensation Ordinance", improve the eco-compensation legal system of wetland, and establish the legal system of wetland eco-compensation are most important basis for the rights and interests of the surrounding residents, which is one of the effective ways to promote the rational development and utilization of the wetland.First of all, I have made an investigation of the status quo of eco-compensation of Sanjiang Wetland Nature Reserve and Da Jia River nature reserve in Heilongjiang province, arrive at a conclusion of the system of wetland eco-compensation in China lacks of normative, on the base of which, I think that establishing a legal system of wetland eco-compensation is very important for us. Secondly, through the research and analysis of the system of wetland eco-compensation system in the domestic and overseas, wetland eco-compensation,and accordingly analyzed the theoretical basis of eco-compensation. Thirdly, through the comparison of American net zero loss compensation principle in the wetland protection legislation and the combination of government and market, and combined with the key resources in our country, such as forest areas, mining and water environment ecological compensation legislation and practice, we analyzed the problems of wetland eco-compensation in China Wetland compensation special laws, wetland eco-compensation subject vacancy, lack of capital etc.Finally, through the above analysis,we found that the establishment of "Wetland Eco-compensation Ordinance" and improve the legal system of wetland ecological compensation are important ways to strengthen wetland protection, and put forward proposals reasonable standard of wetland eco-compensation, measures to improve the capital management.To improve the eco-compensation legal system of wetland, the State Council should promulgate the "suggestions for Wetland Eco-compensation Ordinance", so that the local government have legislative basis, formulated or revised provisions for eco-compensation of local regulations, and the nature reserves shall be carried out "area a method" in combined with actual situation. At the same time, shall establish a special department to exercise unified the management power of wetland, which is dispersed in the forestry, land, environmental protection and other departments in the past, the department should be responsible for the management of the compensation of wetland, in order to promote the orderly conduct of the eco-compensation of wetland.