Grassland Ecological Compensation Legal System Research

Rangeland is one of the most important ecological barriers in China. Rangeland ecological environment is the basis of the socio-economic development. Due to the abuse utilization of rangeland resources, the re-production capacity of the rangeland ecosystem has been seriously deteriorated. In order to maintain the balance of rangeland ecosystems, the imbalance utilization of rangeland resources should be compensated. China has begun to carry out the mechanism of reparation for rangeland ecology balance, but the standardized legal system of reparation for rangeland ecology balance has not been built. As the lack of legal regulation, the work of reparation for rangeland ecology balance couldn’t be successfully carried out. Thus, the situation of irrational exploitation of rangeland resources has become more and more serious. And the rangeland ecological environment is deteriorating. Therefore, it is necessary to build a scientific and rational legal system of reparation for rangeland ecology balance.The content of this thesis includes5parts.Part1:Commenced on the basic concept of the ecological compensation, the author gives a brief introduction of the mechanism of reparation for rangeland ecology balance. Then analyze the characteristics of the legal system of reparation for rangeland ecology balance.Part2:Analyze the necessity to build the legal system of reparation for rangeland ecology balance by externality theory, the collective goods theory, the principle of sustainable development and ecosystem value theory. The research is based on the above theories.Part3:Based on the research of the practice of foreign ecological compensation legal system, the thesis collect successful experience from several foreign countries:government orients, and the market is the foundation of the compensation; build multi-channel fund-raising mechanism to raise ecological compensation funds; definite the standard of compensation, compensation range, and the implementation of ecological compensation.Part4:Introduce the current legislative situation of reparation for rangeland ecology balance in China, and point out the defects. The lack of legislation is as follows:deficiencies on legislation and the legal system is not integrated; ownership of the rangeland is flawed, leading to the difficulty to implement mechanism of reparation for rangeland ecology balance; without detailed legal regulations, the regulation of the compensation is impractical.Part5:The thesis proposes to build legal system of reparation for rangeland ecology balance in China. The legal system of reparation for rangeland ecology balance should be built on basic principals. And design a legal system of reparation for rangeland ecology balance according to the current situation of China, including the subjects, the objects, the standard, the methods and legal responsibility of compensation.