Study On Legislation Of Ecological Compensation In Watershed

With constantly advancing and developing of the West Coast Economic Zone strategy, the water environment of watershed and ecological problems are becoming bottlenecks of constraining economic and social development in Fujian Province. To carry out the legislation of watershed Eco-compensation, to balance the interests of the relationship between the upstream and downstream from a legal perspective, and to motivate people to protect the water environment and ecological construction, have crucial significance for the protection of the ecological environment security, promoting economic and social comprehensive, coordinated and sustainable development.The water system of Fujian Province is developed. There are 12 major rivers originating from the province, which are into the sea in the province except Ting River. That provides the convenience of conducting Eco-compensation. Since 2003, Fujian Province has to carry out a pilot watershed Eco-compensation work in the Min River, Jiulong River, Jin River, and achieved encouraging results, but there are many problems to be solved. Watershed Eco-compensation of Fujian not yet has a unified system of regulatory documents, which brought a lot of obstacles to the smooth development of watershed Eco-compensation. The watershed Eco-compensation mechanism not only goes into the legal system, but also the implementation of watershed Eco-compensation must be legalized and standardized. Then watershed Eco-compensation can play the best role to construct and protect the ecological resources, and promote the sustainable development of the whole watershed. So the author suggests that Fujian Province shall work out a specific legislation on watershed eco-compensation as soon as possible. In legal theory the thesis suggest to construct legal system of basin Eco-compensation in Fujian Province and to prepare nine specific contents which may benefit Fujian watershed of water environment and ecological protection.This thesis is divided into four parts.The first Chapter analyzes the basic theory of watershed Eco-compensation. On the one hand, the author defines the concept of watershed Eco-compensation from a juridical level, on the other hand, discusses the theoretical basis of watershed Eco-compensation from different aspects of economics and law.The second Chapter introduces and elaborates the practice of watershedEco-compensation in Fujian Province. The author briefly describes the current situation and overview of the Fujian Provincial watershed Eco-compensation and focuses summarizing the existing problems and causes.The third Chapter.summarizes and analyzes the domestic and international watershed Eco-compensation practice and revelation. It introduces the advanced experience of watershed Eco-compensation at home and abroad. Combining with the actual situation in Fujian Province, it gets the beneficial inspiration through the comparative analysis.On the basis of the discussion in the front, the forth Chapter comprehensive explains the necessity and feasibility of conducting legislation for Fujian watershed Eco-compensation.The fifth Chapter gives some advices for constructing the system of Fujian watershed Eco-compensation. It gives specific legal advice for legislators’ reference from the aspects of the legislative guiding ideology, the legislative purpose and legislative principles, the subject of Eco-compensation, the way and standard of Eco-compensation, and the management of Eco-compensation.