The Legislative Conception Of Ecological Compensation System In Our Country

Since the implementation of the reform and opening up policy, thedevelopment of our country’s economy is very rapid. The economy of ourcountry has taken an important part in the world and become the second largesteconomic entity. However, no one can deny that the consumption speed ofbiological resources is increasing at an amazing pace. Ecological problems havebecome so prominent that it has impeded the speed of economic developmentand threatened people’s life and health. The ecological problem is result fromthe discordant development between human and nature. Human ask for so muchfrom nature that destroy the ecological balance of nature. As a result, the naturerevenges on human beings insanely. Such examples around us can be foundeverywhere and I won’t list them one by one. Therefore, to solve ecologicalproblems we must start from human society. In order to achieve the harmonybetween human and nature, we must compensate and recover our ecologicalenvironment through adjusting the interests among people.Ecological compensation system is public system which can protect theecological environment and promote the harmonious development betweenhuman and nature by means of adjusting relations of interests amongstakeholders. In our country, ecological compensation system has drawnwidespread attention and many areas of our country have taken effectivemeasures to compensate their ecological problems, moreover, they haveaccumulated a lot of experience in theory and practice. But due to the ecologicalproblem is a typical cross-basin and cross-region issue, the most difficultproblem to solve is coordination and compensation among regions.Consequently, it is urgent to raise the ecological compensation mechanism tothe level of legislation and build national natural laws and regulations tocoordinate and balance the relationship of interests among regions. In our country, the legislative work of ecological competition system hasbeen explored for a long time and by2010it has achieved a substantialbreakthrough---ecological compensation system has been included in thelegislative plan by the State Council. At present, the draft of "EcologicalCompensation Regulation" has shaped, but due to the ecological compensationinvolves interests of many aspects, the progress of legislation is very slow. Itstill needs discussion from various aspects to realize the formal legislation ofecological compensation. First, this article starts from the essence and solutionways of ecological problems from the Marx’s view of nature and it analyze thesolutions to ecological problem in a deep-going way. In other words, we mustsolve the problems of human society firstly, adjust the interests’ relationshipamong people and highlight the necessary of legislation of ecologicalcompensation system. Then, I will analyze the conception of ecologicalcompensation system thoroughly and draw lessons from foreign mature theoryof ecological compensation, so that we can have a comprehensive and profoundunderstanding about the ecological compensation system. Thirdly, I willcombine the present situation of our country’s ecological environment toanalyze the necessary of legislation on ecological compensation system in ourcountry. Fourth, this article devotes itself to investigating and analyzing thepractice of ecological compensation in our country and summarizing itsdeficiencies in these cases. Fifth, I will dissect the difficulties and importantproblems in the process of the legislation on ecological compensation and thenput forward my own view. At last, on the basis of concluding the whole article Iwill pose my own suggestion, especially in the respect of procedure. I suggestwe can introduce the theory of public interest litigation which is mature in ourcountry to ensure the implementation of ecological compensation system.