Research On The Legal System Of Ecological Compensation In Coal Mining Area

For a long time, coal as a major energy resource in China has made great contributions in national economic and social development. Inevitably the utilization of coal resources has impinged on regional environment. And the regional environmental problems can be solved on the ground of the specific environmental features and problems in the area where the mainstay of the economy is the coal resources. Besides, the establishment of the ecological compensation system aims at achieving the sustainable use of the resources and harmony between human and nature.Therefore, it is very important for the analysis of the legal system of compensating ecology in mineral area in improving regional eco-compensation theory, enriching the environmental legislation, taking advantages of coal economy to ease the regional ecological problems, guarantying of coal area environmental protection investment, and eliminating the negative effects of the economic to achieve economic sustainable development.Based on the relative paper researches, typical case studies and empirical analysis, this article starts with the definition of the ecological compensation researching on its necessity and value in the theory and practice, with a belief that ecological compensation legal system is significant in sustainable development, as well as ensuring the funds for the ecological environmental protection and coordinative development in coal area.Second, from the perspective of law, this paper analyses the relationship between ecological compensation and the theory in jurisprudence in efficiency, justice, public participation, environmental liability and the principles of sustainable development theory, stating the jurisprudential basis of ecological compensation in coal area, to stage the ecological compensation legal system in jurisprudence.On this foundation, this text combines the current ecological compensation legal system in China with many other countries, such as Germany, United States, Canada, Costa Rica, and Japan, by comparison analysis the paper pointing out that the current ecological compensation is not of balance and sufficiency. Then the article explains the purpose, ways, property determination, evaluation system and mode selection, such things in ecological compensation legal system in these foreign countries, which is useful in China.The paper ends with the establishment and improvement in ecological compensation legal system, in accordance with the origin of law, suggests that the improvement of the Constitution, Environmental protection law, and Natural resources protection law, as well as the Criminal law and focuses on principles, object, ways and standard in ecological compensation, prospecting the future of the ecological compensation legal system. At the same time, this article proposes the construction of external environment in green GDP and environmental advocacy.