China Water Conservation Area Ecological Compensation Legal System Study

Increasingly severe environmental situation, and promote the environmental administrative pattern change, promote environmental management means innovation.Ecological compensation system of the incentive and restraint mechanism for the introduction of the field of environmental protection, comprehensive means to adjust the ecological protection of environmental resources interest related parties, thereby internalizing environmental externalities, conducive to the realization of economic development and environmental protection of the associated phase fusion, to become effective solutions to environmental problems is an important environmental economic policy, and become environmental law research hotspot. On ecological compensation theory originated from the beginning of twentieth Century, after the nineteen seventies of rapid development, has now formed a set of mature theory system in ecological compensation, and water in areas such as the protection of the ecological environment has been effectively applied, obtained apparent effect. Nineteen eighties, our country starts to the ecological compensation system, but since the research mainly concentrates in the forest resource and the development of mineral resources, ecological compensation, for the water source protection area of ecological compensation research is not much; since2007, some places for the water source protection areas of the pilot ecological compensation practice. To promote China’s water resources protection area of ecological compensation in accordance with the law, the orderly implementation, there is a need for protection area of water resources ecological compensation legal system to carry out detection.This paper first on the definition of ecological compensation are analyzed and summarized, and to clarify the ecological compensation and the related conceptions, on this basis, explain the protection area of water resources ecological compensation concept and the characteristic, discusses the protection area of water resources ecological compensation and water environment protection, analysis of perfecting the protection area of water resources ecological compensation system of. Secondly, combined with China’s current water protection area of ecological compensation case, from the legal point of view of our country water protection area of ecological compensation system existence the flaw and insufficiency, formed on China’s water resources protection area of ecological compensation legal system to establish the related existing problems such as synchronization. Once again, the foreign water ecological compensation theory is summarized, and the foreign water ecological compensation model and related analysis, this form of experience and Enlightenment to our country, including the compensation mode is selected, the legal requirements and should attach importance to the construction of system. Finally, from a legal perspective, tries from the legal relations of ecological compensation, ecological compensation, ecological compensation, ecological compensation, ecological compensation fund sources, ecological compensation program and the establishment of ecological compensation dispute processing system and other aspects, for the construction of our country water protection area ecological compensation legal system put forward a more specific suggestions.