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"The Rivers Of Changsha Ecological Compensation(Trial)" Research

Posted on:2016-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LongFull Text:PDF
GTID:2296330461495489Subject:Environment and Resources Protection Law
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River basin ecological compensation is an important aspect of ecological compensation. Different from environmental tort damage compensation, it acts as a kind of environmental economic means and plays a very important role in the management of river basin ecological environment. However, in terms of the current national level legislation, corresponding legal documents haven’t been specifically introduced both in ecological compensation and river basin ecological compensation. But in Henan, Guizhou, Jiangsu and other places, there have been some special specification local legislation, government regulation of river basin ecological compensation. With more and more local legislation, it undoubtedly has a far-reaching significance for the promotion of the introduction of national level of river basin ecological compensation legislation. "The rivers of Changsha ecological compensation(Trial)" came into being also in this context, and came into effect on March 5, 2012. Since these measures have been implemented about three years, its actual effect is not significant however, which to a large extent is closely related to the design of the law. At present, under the background of the upcoming new alternative legal documents, through river basin ecological compensation basic theory and the practice of local legislation, after the analysis of the content of "The rivers of Changsha ecological compensation(Trial)", it is not difficult to find some problems such as the definition of river basin ecological compensation definition is not accurate, the provisions of the subject of compensation and repayment is too vague, the compensation way is too single, unreasonable compensation standard, inadequate supervision of the implementation of the compensation and the absence of legal accountability mechanisms. River basin ecological compensation should be a two-way compensation, involving sacrifice for the benefit of compensation, and including the remedy for the loss suffered. Therefore, to solve these problems, it is necessary on the basis of the existing provisions to correctly define the meaning of river basin ecological compensation, make the subject of compensation and repayment clear, rich river basin ecological compensation methods, establish reasonable and scientific compensation standards, strengthen the supervision of the implementation of compensation and increase legal liability clauses, in order to promote the realization of the best legal effect, coordinating the interests of the relationship between the upstream or downstream basin, maintenance of environmental justice, fairness and unification of rights and obligations.
Keywords/Search Tags:river basin ecological compensation, two-way compensation, market compensation
PDF Full Text Request
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