| Beijing-Tianjin-Hebei Region is located in the eastern China. In the process of economicand social development, resource and environmental problems have become increasinglyprominent, and the ecological balance has been constantly destroyed. However, in theproblem solving, each administrative region is often working independently, but theeffectiveness is not obvious. The root cause is failed to catch sight of the integrity and valueof ecological environment. In the development of Beijing-Tianjin-Hebei Region, big citiesfreely use a lot of surrounding public resources and ecological environment, but without anyreturn, causing ecological imbalance of the ecological resource supply region. Ecologicalresource supply region is unable to independently bear ecological restoration andreconstruction because of poverty and backwardness, so the overall environmental problem ofBeijing and other cities with surrounding areas has been appeared. Thus a unified ecologicalprotection legal mechanism of Beijing-Tianjin-Hebei Region should be established, toimprove the ecological and environmental problems in development.Beijing-Tianjin-Hebei Region eco-compensation is the legal mechanism which throughsome specific design of system to achieve that make the ecological beneficiaries pay a certaincost, so that to address the phenomenon of ecological products free-riding, and to realizehealthy supply of eco-products and services. In terms of the compensation for ecologicaldamage and the compensation for ecological functions, not only includes the punishment ofdamage to ecological environment and the compensation for embezzlement of others’ livingenvironment, but also includes compensation from the beneficiaries to the losers in ecologicalenvironment as well as the cost to maintain the whole ecological environment for normaloperation and to recover and improve ecological functions. Thus, this thesis deems that it isnecessary for construction of eco-compensation in Beijing-Tianjin-Hebei Region to start withspecific ecological problems, use legal theories about eco-compensation to carry out profoundanalyses, find specific subjects and objects of eco-compensation in Beijing-Tianjin-HebeiRegion and obtain specific standards and content of compensation via analyzing current ecological status in Beijing-Tianjin-Hebei Region in order to provide reference forconstruction of legal mechanisms about eco-compensation in Beijing-Tianjin-Hebei Region.By investigating existing legal practice about eco-compensation in China and foreigncountries, this thesis finds that systems related to eco-compensation are lacked althoughChinese laws have specified principles for governance of polluters and compensation viarelated laws and regulations of environmental protection.There are not many specificpractices in Beijing-Tianjin-Hebei Region, and only on some specific projects, the ecologicalrestoration was carried out, but the corresponding compensation was ignored, which can befound the specific projects that Beijing-Tianjin co-build Guanting Reservoir, Zhangjiakou andChengde carrying out ecological restoration and construction for guaranteeing water quality.For this, this thesis proposes basic legal system of eco-compensation, whose maincontent is establishment and perfection of resource and environment property rights, dumpingright and ecological public product pricing, realizes favorable boundary betweenmarket-oriented operation and administrative intervention of eco-compensation and drivesdiversification of ways to realized eco-compensation by formulating specificeco-compensation laws and regulations like eco-compensation taxes and dues,eco-compensation caution money and eco-compensation funds.Besides, this thesis begins with specific practical situations in Beijing-Tianjin-HebeiRegion and analyzes ecological supply and demand situations in all places ofBeijing-Tianjin-Hebei Region in order to state positions and roles of each place ineco-compensation clearly, hoping to change existing eco-compensation capital source systemwhich mainly focuses on transfer payment of state revenue by establishing eco-compensationlong-term mechanism in Beijing-Tianjin-Hebei Region. On the basis that tax and fee systemabout eco-compensation in Beijing-Tianjin-Hebei Region is reformed and corresponding pilotprojects are established, market-oriented mechanism for eco-compensation is tried out torealize new breakthrough, i.e., who will provide compensation, who will get compensationand how much compensation will be given. Additionally, it proposes its opinions onbottlenecks appearing in international eco-compensation mechanism and provides reference for drafting of Eco-compensation Rules in Beijing-Tianjin-Hebei Region. |
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