The Study About The Legal System Of The Marine Nature Reserve-Ecological Compensation

The construction of the Ecological Givilization as one of the "Five One", was put forward, inthe Eighteenth Conference. This underlines the importance of the construction of the EcologicalCivilization. Ocean as an important constituent of the global life support system, is of greatsignificance to the construction of the Ecological Civilization. At the same time, the ecologicalcompensation is an important means to protect ecological environment. Therefore, this article willbe a combination of these, and carries on the discussion from the Angle of law, so as to benefit theenvironmental causes and the development of the construction on the Ecological Civilization.This paper introduced the background and the research status at home and abroad about thepaper selected topic. Points out that the Marine Ecology of the seriousness of the problem is toestablish a Marine Nature Reserve-ecological compensation legal system of the important reasons.At the same time, points out that the existing research there are two problems: the blank of theresearch content and the misunderstanding of the study theory.The second part of the text expounds the basic categories and theoretical basis of the MarineNature Reserve-ecological compensation legal system. First of all, to define the Marine NatureReserve-ecological compensation legal system, through semantic analysis method, comparativeanalysis method and so on research methods of law. Secondly, it is pointed out that equivalenceprinciple, fairness and justice, rights and obligations of the interest coordination theory are thejurisprudence basis of the Marine Nature Reserve-ecological compensation.The third part of the article analyzes the Marine NatureReserve-ecological compensationlegal relationship and principles of legislation. First of all, the analysis of the legal relationshipincludes the definition of the subject, object and content of ecological compensation. Secondlypoints out that the legislative principles should include principles of fairness, the coordinateddevelopment principle, the government, society and market complementary principle.The fourth part of the paper introduces the legal status and the insufficiency of the MarineNature Reserve-ecological compensation in China.The legal status mainly embodied in theConstitution,the Environmental Law, the Environmental special stipulations, the Administrative Regulations, the Local laws and regulations; Deficiency of the legal system of the ecologicalcompensation mainly embodied in the unclear legal nature, orientation of the legislation laggedbehind the practice and the low legislative level, the lack of operability on legislation, lawenforcement main body is not clear, lack of accountability and so on.The fifth part of this article puts forward the suggestion about the Marine Nature Reserve-ecological compensation legal system, including the legislative proposals and guarantee systemsuggestion. Legislative proposals, more wide range of aspects from the establishment of theconstitutional position bbout the ecological compensation,to the special laws and regulations of theecological compensation, to the implementation regulations on everywhere. Security systemincluding the margin ecological compensation system, community co-management system,development of long distance compensation system, ecological government accountability system,etc.