Research On Regional Ecological Compensation Legislation

With the changing of social environment, such as fog, sandstorm and so on theprominent environmental problem more and more to the attention of the publiccontinuously, the resulting flow of people to think about how to balance economicdevelopment and environmental protection. As one of the important means ofbalancing the relationship between regional ecological compensation, already moreand more widely applied to real life. At present, because the objective existence of theadministrative division in China, and the lack of effective communication betweenlocal governments make the "tragedy of the Commons" and "free-rider" phenomenon,thus weakened the regional ecological environment protective effect. The level ofeconomic development between different regions and protect the environment is notcompletely the same, which would help achieve some degree of coordinateddevelopment of both, is the regional ecological compensation can be realized. But atpresent both theoretical research, and social practice, both for the regional ecologicalcompensation legislation to stay at a more fundamental level. Therefore, no matterfrom theory research to promote, the mechanism system is perfect, or from thepromote social practice, and promote regional harmonious development, and promotesocial fairness and justice, the study area of ecological compensation are has veryimportant theoretical and practical significance.The full article will, through the study of six parts to analyze the theoretical basis ofecological compensation, the present situation and problems, suggest to improveregional ecological compensation. The first part is introduction, introduces thebackground of regional ecological compensation is put forward. The second part is theintroduction to the theory of regional ecological compensation, based on the conceptof administrative compensation concept, ecological compensation shall be described,then the concept of regional ecological compensation, the characteristics andsignificance of this concept in detail. The third part is the regional ecologicalcompensation legislation, the legislative theoretical basis and practical basis discussed, theoretical basis including administrative law theory, sustainable development theory,environmental externality theory, public goods theory and the theory of fair and order;And the realistic foundation part, mainly from the Angle of the necessity andfeasibility, put forward the importance of regional ecological compensation legislationand operability. The fourth part of regional ecological compensation legislation in ourcountry, the status quo and existing problems, this paper introduces the constitution,comprehensive ecological environmental law and other relevant provisions of theregulatory documents of ecological environment protection; To regional ecologicallegislation in our country at the same time the analysis of existing problems, pointsout the main existence imperfect legal system, concrete system incomplete, imperfectmatching rules, unified coordination management mechanism, incomplete fourquestions. The fifth part for foreign regional ecological compensation legislationpractice, mainly to practice and theoretical achievements of the United States,Germany, Japan is analyzed, and pointed out that is worthy of reference for ourcountry to be part of. The sixth is divided into the improvement of the regionalecological compensation legislation in our country, and points out that from the legalsystem, legal system, legal mechanism three aspects to perfect.