Research On The Legal System Of Marine Ecological Compensation

As a means of environmental policy, Ecological compensation is the keymeasures to protect the ecological environment. At present, the domestic academia onecological compensation research emphasis on economics, ecology, there are still noconsensus on the ecological compensation legal research, the connotation ofecological compensation, the extension and content. In contrast, there are still manyblank in the marine ecological compensation field.The paper on the marine ecological compensation study from the legalperspective, from the perspective of law to follow “Analysis of the problem, putforward to solve the problem” research ideas, design marine ecological compensationlegal system, analysis and improvement of marine ecological compensation systemcontent, for related departments in constructing marine ecological compensationmechanism to provide theoretical support and reference. According to the aboveresearch, the paper is divided into four chapters, three parts.The first part is first chapter of this paper, put forward zoology to compensationwhat this one problem, which belongs to the “question part”. As a result of marineecological compensation to ecological compensation of a special type, so the marineecological compensation system of ecological compensation are discussed in theframework of under. Through combing the domestic scholars for ecologicalcompensation legal connotation of different opinions, summed up China scholars forecological compensation legal connotation of the controversy is the essence ofecological compensation adjustment object of controversy. The paper from the viewof environmental law to explore the ecological compensation adjustment object ofcontroversy of the theory, based on the theoretical roots of argument derived“ecological compensation adjustment object is between the person and person ’secological interest” this conclusion. On this basis, try to define the legal meaning ofthe conception of ecological compensation, for the following analysis of marineecological compensation legal system laid the foundation of the problem.The second part is the second chapter, analysis of marine ecologicalcompensation legal system of existing problems, which belongs to the “analysis” part.As the embodiment of marine ecological compensation system the necessity that founds, based on marine ecological compensation concrete application, deduce theecological compensation applied to special ecological protection and construction inareas of the conclusion, marine ecological damage activities and lawful marinedevelopment activities under the general ecological compensation scope, does notbelong to the research special ecological compensation category. On this basis, marineecological compensation practice undertake a situation analysis, summed up thepractice work in the scope of compensation, main body, method and system ofexposed illegal qualitative and random defects. Discover through the analysis, themain reason lies in the marine ecological compensation legal regulations are notperfect, leading to lack of marine ecological compensation in accordance with the lawor the corresponding regulation. Therefore, on the basis of the demand of nationallegislation, to the marine ecological compensation legislation is perfect withdevelopment.The third part is the third chapter and the found chapter, discusses the marineecological compensation legal system perfect direction, belong to “problem solving”part. The third chapter is about the improvement of marine ecological compensationlegal system thinking. At present, the market compensation mechanism for slowdevelopment of government, carry out ecological compensation mechanism is themost important form, but because the government compensation governmentcompensation mode oneself is difficult to avoid the disadvantages, resulting inproblems of marine ecological compensation. Aiming at this problem, the article putforward by increasing stakeholder participation in the consultation system of perfectgovernment compensation mechanism is proposed. Through the establishment of thestakeholders involved in the negotiation, negotiation mechanism in compensationsystem is implemented in the whole process of the design, to solve the compensationway, standard of compensation, compensation limit of ecological compensation in theimplementation of key problem, build a variety of compensation is the combination ofmarine ecological compensation mechanism, realize the ecological compensation ofdiversified sources of funding and normalization. The fourth is about the ecologicalcompensation legal system design. And the second chapter analysis of China ’s marineecological compensation legal system deficiencies of echoes, with the third chapter ofmarine ecological compensation legal system perfect proposal. This chapter of marineecological compensation legal system of a special design, through comparativeanalysis, made to create ecological compensation ordinance and to modify the existing environmental protection law system coexist in the legislative systemarrangement.