Study Of Ecological Compensation Legal Issues

The ecological system firms the material basis of social development, providing raw material for human-being and economic development. The re-production capacity of the eco-system has been deteriorated, due to exploitation and abuse in utilization of natural resources. Maintenance of the damaged eco-system is crucial to re-establish its function and value, promoting sustainable development. Compensation of the injured party by the beneficial party accords with the principle of justice. Eco-environmental benefits compensation has become a hot issue in ecology, eco-economics, environmental management, sustainable development and other research fields. This paper studies eco-environmental benefits compensation from the perspective of law. The paper is divided into four chapters.Chapter One defines eco-environmental benefits compensation, analyzes the causes and characteristic, and forwards the research based on the above.Chapter Two establishes the theoretical foundation of the eco-environmental benefits compensation system through theories of legal profits conception, value of environmental resources.Chapter Three introduces the current situation and development of the eco-environmental benefits compensation system in China, stressing on its defects.Without detailed legal rules, legislation on the eco-environmental benefits compensation system is impractical. Furthermore, relevant legal principles and rules do not concord with each other. The paper points out difficulties China faces in establishing the eco-environmental benefits compensation system and put forward new legal principles.Chapter Four introduces the legal mechanism of eco-environmental benefits compensation in China, and we should also build and resolve eco-environmental benefits compensation legal system, including the ecological tax, the finance transferring system and eco-environmental benefits compensation management mechanism.Concluding, in which the author summed up the thesis, noted the importance of eco-environmental benefits compensation and the difficulties which we faced to, and out-looked the process of law-rule to eco-environmental benefits compensation in China.