Ecological Compensation System For Legal Research

With the development of economy, resources are meeting demands of economic growth constantly, brought the inevitable ecological environment of jeopardizing the human survival to worsen too at the same time , what a rational protection resource we keep exploring, how to accomplish the protection of resources and coordinated development of economy! , sustainable development. It is ecological compensation system as among every one the respect more, for pieces of respect that can't ignore, it is a ecology , economy, the synthesis of the law.Ecological compensation to is it develop fund that resident go on of area of chance to lose because of environmental protection, technology, the compensation on the material object, the favour on the policy, and in order to promote environmental protection consciousness , the scientific research of improving the environmental protection level and carrying on, expenditure of the educational expenses. Purpose its is it dispel too much artificial original ecosystem that joining cause of energy out - of-balance to lie in. But this mean we is it reduce human range of activity to want , to ecological problem of globalism that modern civilization cause, take the corresponding indemnifying measure, reduce the harm that the human activity brings to ecosystem, resume the materials of the whole ecosystem and energy circulation. At present, our country has not implemented the ecological compensation system yet, but the essence of ecological compensation exists, the ecological compensation method is improving constantly too. At the end of 2001, our country set up ecological construction fund, and started the pilot project, Henan among them, Shandong, Shaanxi, Jiangsu 4 province and Shanghai, Tianjin, Liuzhou 3 city launch sulfur dioxide discharge overall control and blowdown right transaction policy pilotwork already, especially Zhengzhou of Henan Province, Luoyang, Jiao Zuo, the counties of 6 market 12 , such as An Yang , Sanmenxia , Jiyuan ,etc. implement the blowdown right trade in advance. Preparation the is it lay the foundation for ecological compensation foundation of system to explore.This text has analysed the existence and development of the ecological compensation system from the objective angle, analyse in terms of time that sets up the needing and feasibility of this system. Have explained from the economic angle that the capital source and management of this system are used, explore in terms of law that has studied the right of the behavior subject , the obligation and legal liability . The emphasis point of this text lies in directing against the question that the ecological compensation system exists at the present stage, have put forward the design mode of this system. Set up prerequisite of system this at first, the situation is watched at present, issues of people of our country, resource question, the problem of environmental pollution has already become the serious trend, has influenced the development of the economy of our country, if turn back to worsen while being whole ecosystem in time, loss and negative effect that cause its expand also, this violate balanced ecosystem, external economy and social theory and constitution of expenses, Basic Law of environmental protection and legislative intention of the comprehensive ecological law, because of this, according to the modern biosphere, modern ecology, ecological economics and principle of sustainable development, get out of and set up ecological compensation system. Secondly it is the system that was specified, because the market and government have not given play to its abundant function , the incongruity state of working with the government etc. that the market appears not to work, in order to arouse the enthusiasm of market and government, give play to market and function of government, in but under the principle in continuation and benefit, propose government is it compensate with market to compensate, compensation and compensation to the thing in people. Strengthen the capital source , draw lessons from the fo...