Legal Regulation Of Ecological Compensation In China

The current human society is facing serious environmental problems, and all over the world are paying attention to environmental problems.To solve environmental problems is no longer the responsibility of certain country or one person, but the common topic of mankind. We need to solve the problem together. People are constantly looking for ways to solve environmental problems. As the ecological compensation system establishment and operation in environmental protection work in the foreign country, people found a way that can help us to solve the environmental problems effectively. Therefor, on one hand,on the basis of foreign experience in environmental protection, on another hand, our country has carried out a similar ecological compensation system in the environmental protection work. Finally, we introduced the ecological compensation mechanism in the field of environmental protection in our country to solve environmental problems that our country facing.Academic research on the theory of ecological compensation in China has gained rich research achievements, it is the theoretical basis for the establishment of ecological compensation system in our country. At the same time, our country carried out ecological compensation practices in various environmental fields, and in the ecological environment protection work we have achieved good results, accumulated practical experience. However, it is showened that in China still exist many problems in the practical work of ecological compensation. Main problem is that our country has not established a complete legal system of ecological compensation. So at present the work of ecological compensation mainly relies on the policy and a variety of regulatory documents.It is lacing unity and full of randomness. Finally, the work of ecological compensation presents fragmented and scattered in China.In order to solve the problem of environmental protection of the ecological compensation fundamentally, it requires countries as soonas possible for a legal documents with a general binding force. To guide the ecological compensation work in our country to be able to unified planning and implementation, and the work of ecological compensation in China can be systematically spread across the country.Therefor, this paper hope that we can find the experience to establish ecological compensation legal system suitable for China’s national conditions through to the analysis of domestic and foreign relevant theory and practice of ecological compensation. This thesis consists of four parts: the first part mainly discusses about the basic theory of ecological compensation at home and abroad, and in this process to clarify the concept, principles and theories of ecological compensation in the sense of the law; The second part mainly elaborated the ecological compensation practices and experience in the field of agricultural environment and water resources; The third part mainly illustrates the ecological compensation practice, experience and the existing problems in our country in the field of forest, valley, agriculture environment; The fourth part is mainly about suggestions for the legal regulating of the ecological compensation in China. And the suggestions based on the analysis of foreign ecological compensation practice and experience, at the same time it combined with the experiences of ecological compensation practices and the existing problems in our country. The main recommendation hope that a clear definition of the concept of ecological compensation, ecological compensation main body, expand the field of ecological compensation, explore market participation pattern, strengthen the supervision of ecological compensation and so on can be clarified in the upcoming 《Ecological compensation ordinance》.