Legislation Of Regional Ecological Compensation

In recent years, the regional environmental problems, especially cross-regionalenvironmental problems have become serious situation. Environmental pollution,ecological destruction, not only makes the human survival environment is getting bad,but also a serious threat to social and economic development. Therefore, guided bythe scientific concept of development and the ecological civilization, national,regional government or business people prevent potential risks to regional ecologicalenvironment through three system, emission trading system at the same time,pollution damage compensation system, They protect and sustain regional and overallecological environment function, realizing the comprehensive, balanced andsustainable development. However, the objective existence of the administrativeregionalization and the lack of effective communication and coordination betweenlocal governments, the phenomenon about the regional ecological environmentprotection in the "tragedy of the Commons" and "free-rider" occurs frequently, whichhas weakened the effect of the regional ecological environmental protection. As aresult, regional ecological compensation theory and system arises at the historicmoment. However, due to the development of the regional ecological compensation inthe initial stage, the theory research and practice achievements is not in-depth andsystem problems also exist objectively, improving the regional ecologicalcompensation system and mechanism become the top priority, which is further overallregional ecological environment coordinated development, safeguard fair and orderthe urgent request.This article is divided into four chapters, the first chapter is about an overview ofthe regional ecological compensation, mainly on the basis of ecological compensationin this paper, the concept, characteristics and types of region ecological compensation,in order to realize the preliminary understanding of the regional ecologicalcompensation. Chapter2is about an overview of regional ecological compensationlegislation, mainly expounds the regional ecological compensation legislationdefinitions and legislative basis, the theoretical foundation of the regional ecologicalcompensation legislation, in the part, mainly expounds the externality theory, public goods theory, economic base and regional justice, safeguard the legal basis of regionalorder; In reality of regional ecological compensation based on section, mainly fromthe reality need and practice of regional ecological compensation to explore anddemonstrate the reality and feasibility of regional ecological compensation. Chapter3is about regional ecological compensation legislation situation and existing problems,mainly introduces the constitution, environmental law and other normative documentsof the provisions of the regional ecological compensation, this chapter analyzes theproblems existing in the regional ecological compensation legislation from the legalsystem, laws and regulations, the legal system and management system four aspects.Chapter4is about regional ecological compensation legislation, this chapterdraws the experiences of Germany and Japan, the beneficial Suggestions, and thenputs forward four Suggestions to improve the regional ecological compensationlegislation, firstly, it draws lessons from foreign experience in legislation, secondly, itis to improve the regional ecological compensation legal system; Three is to establishregional ecological compensation legal principle; Four is to complete regionalecological compensation legal system; Five is to improve the regional ecologicalcompensation legal mechanism.The purpose of the research from the environmental law, this paper analyses thesituation of regional ecological compensation legislation and the existing problems,and from the relevant legislative experience of other countries for reference, thispaper suggests to improve the regional ecological compensation legal system,establish regional ecological compensation legal principles, complete regionalecological compensation legal system, improve the regional ecological compensationlegal mechanism, to explore countermeasures to improve the regional ecologicalcompensation legislation, so as to determine the legal status of regional ecologicalcompensation, realize regional ecological compensation activities, there are laws toachieve fairness and justice of regional development.