Ecological Compensation Legal Research Based On The Market

In China, ecological compensation is mainly leaded by the government. The function of this compensation mode is significant in the concept of enlightenment, capital movement, system design and function security, etc. But at the same time, this model is flawed such as high risk in decision making, less attraction in public, cost high but efficiency of defects. It is unable to properly handle the pressure from the government, the social public and the ecological environment. How to improve the government leading mode, eliminate the defects, while exert its positive function? Maybe the market tool is a good way to stimulate the internal potential of ecological compensation. Theoretically, ecological compensation based on market is feasible. It is because that the ecological compensation based on the market is conformity with the essence of human nature, and is the inherent requirement of modern ecological civilization, fairness and efficiency, and the rights and obligations. In reality, it can use the profit incentive to change people’s behavior from developing to protect the environment. In the active market the means of ecological compensation will be rich. The market mechanism also can improve the efficiency and reduce the risk of ecological compensation, and the compensation is in line with the background of the times. In our country it also has the foundation of corresponding political, economic and social. Of course, it is also facing some problems to the construction of ecological compensation system based on market in context, such as to grasp the connotation of this compensation mode and cognition; the theoretical basis and realization; path and method selection; system and structure planning and so on. All of these, It is need to seriously study and understand and solve practical.It is need with the means of market existing compensation as the research object, from the aspects of the nature, elements and risk to sort out the intrinsic logic of ecological compensation model based on the market which should have. Then from the legal system to promote the height of the compensation mode of our country become a systematic and mature system. That it should establish environmental protection priority, integrity, the beneficiaries pay, extra and appropriate intervention, the five principles of law, construct the base system of ecological property, market access, rights and obligations and responsibilities system; reference to ease bank, quota markets and private nature reserve construction protection area the ecosystem services market from abstract to concrete and to improve the three aspects of regulatory system in government supervision, self-discipline, and public participation, to construct a socialist market economy with Chinese characteristics requirements of the ecological compensation legal system.