The Research On The Fundamental Principles Of Legal Institution Of Eco-compensation In China

The 18th National Congress of the Communist Party of China and the third Plenary Session of it have raised the demand of setting up the institution of eco-compensation, as well as the government report in the year of 2014 and 2015. The 4th Plenary Session of 18th has clearly raised the demand of making rules and laws of eco-compensation. The eco-compensation legislation process has entered into the draft phase during 2010 to 2013.The new version of the China’s environment laws (edited in April.2014) clearly defined the institution of ecological protection compensation. Based on the background of times, this thesis analyses the shortages that had been found in domestic scholar’s opinions and discusses the theoretical foundations of researching the fundamental principles of legal institution of eco-compensation, then puts forward to setting up three principles:"Precautionary principle","Equal ecological rights principle", "Beneficiary-pay principle", and makes the conclusion of the status and relationships of the above three principles in the end.Here is the structure of it:The introduction part mainly describes three aspects:the significance of researching the fundamental principles of legal institution of eco-compensation, and the research trends both in domestic and abroad, and the relative terms.The first part:Analysis on shortages of the fundamental principles of legal institution of eco-compensation studied by domestic scholars from both in macro and micro perspective.The existed problems from macro perspective are as following.(1)The train of thought is narrower.(2)There is no scientific definition on the fundamental principles of legal institution of eco-compensation.(3)The criterion of this very fundamental principle is still being controversial.(4)The fundamental principles of legal institution of eco-compensation are lack of systematic construction.The existed problems from micro perspective are mistaking some other principles which are practical principles of eco-compensation, the fundamental principles of environmental law, and the working principles of environmental management as the fundamental principles of legal institution of eco-compensation.The second part:Discussing about the theoretical foundations of researching the fundamental principles of legal institution of eco-compensation perspective of philosophy, ecology, and nomology. The philosophical theory is consisted of Marxist’s ecological philosophy and Systematic theory of social science research. The ecological theory is exactly the ecological rule. The theory of Dworkin that called "constructive interpretation", the theory of legal value viewpoint, the conception and criterion of the fundamental principles of legal institution of eco-compensation judged from nomological theory.The third part:Raising the fundamental principles of legal institution of eco-compensation are as following:"Precautionary principle","Equal ecological rights principle","Beneficiary-pay principle".And describing the definition, theoretical analysis and typical practice of three principles respectively.The conclusion part:Making a conclusion of the status and relationships of the above three,and pointing out that the three principles can form a functional combination.