Study On The Legal System Of Forest Ecological Compensation In China

Forest ecological compensation system is a kind of "debt" important system, the system using a variety of means to maintainer for compensation of forest ecological environment, to encourage the maintainers to maintain forest ecological environment. For the regulation of ecological interests and ecological interests conflict between stakeholders, safeguard social fairness and justice, to protect the forest ecological environment plays an important role.A system to get effective implementation, the need to law as a general system of the implementation of the safeguard, forest ecological compensation system is no exception. Legal system of forest ecological compensation system problem in our country is still in its infancy. In current environmental law system, there is no a special specification ecological compensation law. Related content of forest ecological compensation only embodied in the individual law in relevant laws and regulations, and most of these law is principle and encouraging regulation, lack of operability.Hence, in this paper the theory of forest ecological compensation involved are studied, and analysis of forest ecological compensation in case that existing problems of establishing forest ecological compensation legal system in China, and combining with foreign in forest ecological compensation legal system building on the experience and lessons, how to establish conforms to the characteristics of forest ecological compensation legal system in China put forward the ideas of the author.In this paper, the first chapter is introduction, the second chapter is the analysis of the relevant concepts of forest ecological compensation, the third chapter is about the forest ecological compensation involved in basic theory research, the fourth chapter and the fifth chapter is the current status of forest ecological compensation of our country and foreign experience of forest ecological compensation is introduced, analysis of the legislative status of forest ecological compensation in China, the implementation of the status quo, the last chapter is based on the actual situation of our country, draw lessons from foreign experience put forward Suggestions of perfecting our country’s legal system of forest ecological compensation. The relative concepts of forest ecological compensation includes the forest, forest ecological compensation, ecological compensation and the concept of forest ecological compensation legal system. Ecological compensation is a complex engineering involving multidisciplinary, different disciplines have different definitions on ecological compensation. From the perspective of jurisprudence on the definition of ecological compensation, the relationship between ecological compensation should be the contained elements were analyzed, and these factors including compensation subject, compensation content(range), compensation, compensation standards, etc. Ecological compensation is the result of human artificially tear for natural resources in the production and living, destroyed the ecological balance, to form the ecological debts, and must be ecological debts. This kind of "tear- pay" model is based on the reason of two aspects: one is the concept of ecological ethics requirements; The second is the concept of ecological justice. Forest ecological compensation by encouraging ecological environmental activists continue to implement protection behavior, the prevention of forest destruction of ecological environment, thus maintaining the forest ecological balance. But in practice, when designing the ecological compensation system often do not have a deep understanding to the environmental services is public goods, it is because of the environmental services this attribute makes the current ecological compensation system has not met its effect. Forest ecological compensation system in China should give full consideration to the forest ecosystem services of public goods attribute, introducing market mechanism, the internalization of external costs of forest ecosystem services, only in this way can resolve conflicts, make the forest ecosystem services of stakeholders to achieve win-win situation. China’s forest ecological compensation is the existing ecological compensation in the form to carry out earlier, but it is incomplete legal system, the compensation standard is not suitable, sources of compensation funds and compensation mode of a single defect. The establishment of the forest ecological compensation legal system should be from the healthy forest ecological compensation legislation system, perfecting the management system of forest ecological compensation and other aspects, gradually establish and improve the forest ecological compensation legal system in our country.