On Legal Issues Of Ecological Compensation Dongjiang River Basin

With the continuous development of global economy, the shortage of water resources andwater pollution water crisis become important restriction factor of sustainable economicdevelopment. In this context, in order to achieve the sustainable utilization of water resources andbenign circulation of the whole river basin system, trial actively carry out river basin ecologicalcompensation among regions. The "18th Party Congress" report science comprehensivelyexpounds the concept of ecological civilization construction, and demanded that the systemconstruction to set up the ecological compensation system, the system of paid use of resourcesand environment responsibility system and so on. This shows that our country in the future willcontinue for a period of time, to strengthen the construction of ecological compensation systemalso need to study of the innovative ways of ecological compensation. The Dongjiang river basinas a typical cross-provincial basin, due to its good ecological environment, the gap of regionaleconomic development level of upstream and downstream, as well as important politicalsignificance, is representative as a case study in this paper., from the perspective of thetheoretical basis, the paper introduces the ecological compensation and the general problems ofriver basin ecological compensation, reveals the purpose of river basin ecological compensationis to realize the ecological environment protection, and promote the harmonious development ofman and nature, reflect the economic value and market value of the ecological protection. Riverbasin ecological compensation as is one of the ecological compensation has its characteristics,main performance in the amount of compensation to accounting, compensation term is difficult todetermine, compensation psychological differences between the parties. Through actualinvestigation and literature review, comprehensive analysis of the Dongjiang river survey,management system present situation of local environmental legislation as well as river basinecological compensation measures implementation present situation, the current mechanism inlegal system are the principal obstacles exist in the process of implementation of interoperabilityis not strong, imperfect management system, capital source unreasonable compensation subject,compensation and compensation mode single, unreasonable compensation standard, and caneffectively establish supervision and security system. By combing the existing river basinecological compensation practices at home and abroad, the research of existing cases at home andabroad, such as our country the Jinhua river, The xin’an river basin ecological compensationpractices and their innovations, developed countries (Germany, the United States, Costarica andriver basin ecological compensation practices in Japan) relatively mature mode of river basinecological compensation, to discuss the cases of compensation for watershed ecology in China the applicability of the significance and the way in China and need to be perfect. According toour country’s existing laws and regulations and related ministries and commissions and localgovernment rules, regulations, rules, measures, etc. The related provisions of the policy level,first should strengthen the Dongjiang river basin ecological compensation, local legislation in thesystem construction shall follow the principle of legislative principles, and establish the unity ofthe Dongjiang river basin water resources management system, in terms of the improvement ofthe specific content should be clear the rights and obligations subject, perfect implementationmeasures of compensation and compensation mode, establish the compensation standard,diversified sources of compensation funds, at last, through the establishment of the legalresponsibilities of the river basin ecological compensation to realize run of river basin ecologicalcompensation mechanism and supervision. This article from the legal perspective put forwardinnovative Suggestions of river basin water resources ecological compensation system, from thelegal Angle of the Dongjiang river basin ecological compensation mechanism to further improveand realize the sustainable development of strategic objectives.