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Research On Legal Institution Of Inter-regional Ecological Compensation In Beijing-Tianjin-Hebei Drainage Basin

Posted on:2018-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:S L DuanFull Text:PDF
GTID:2321330539485287Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Drainage basins refer to natural regions composed by main streams and branch streams,with the center of rivers.Involving in multiple regions,the governance and protection to the water ecological environment of drainage basins has important significance on the comprehensive and coordinated sustainable development of the economic and social environments of related regions.However,in practice of regional economic development,there are generally sharp and irreconcilable interest conflicts on water environment protection and water resource configuration of drainage regions,especially in Beijing-Tianjin-Hebei regions.As one of the economic centers in our country,with the rapid economic development,Beijing-Tianjin-Hebei regions have increasingly prominent conflicts on water environment protection and water resource configuration.Due to the prominent performance on unbalanced ecological benefit sharing between upstream and downstream regions,it has become the bottleneck restraining the economic and social development within the regions.In order to change the current status,and govern the destroyed water ecological environment in time,and form the preferable situation of sustainable development between the upstream and the downstream regions,it is necessary to depend on the beneficial adjustment mechanism of inter-regional ecological compensation in the drainage basin.This mechanism is utilized to adjust the benefit conflicts between the upstream and downstream regions,to ensure the continuous supply of water ecological service functions and the fair development between regions.Therefore,it is essential and urgent to accelerate the institutionalized and legalized process of inter-regional ecological compensation of Beijing-Tianjin-Hebei drainage basin.On that account,this article sets out from the practical conditions of the water ecological environment of Beijing-Tianjin-Hebei drainage basin.Based on the analysis on the feasibility and necessity of the inter-regional ecological compensation system of Beijing-Tianjin-Hebei drainage basin,and in combination of the practical experience on inter-regional ecological compensation of other regions in our country,it develops the research and exploration to the design of the inter-regional ecological compensation system of Beijing-Tianjin-Hebei drainage basin.As a whole,this article is composed by the following parts,except for the introduction:Part One mainly analyzes and discusses on basic theoretical problems of inter-regional ecological compensation including the concept,the characteristics,the type and the legal theory.Firstly,it defines the ecological compensation of drainage basins on the viewpoint of the science of law,and divides the ecological compensation of drainage basins into two types,i.e.,the national ecological compensation in drainage basins and the inter-regional ecological compensation in drainage basins.Secondly,it summarizes the characteristics of inter-regional ecological compensation in drainage basins of continuity,complexity and the coupling between government regulation and market adjustment.Thirdly,according to different subjects,the inter-regional ecological compensation in drainage basins is divided into government compensation and market compensation.Fourthly,it analyzes the legal value orientation of the inter-regional ecological compensation system on the aspects of order,fairness and efficiency.Part Two conducts the analysis on the necessity and the feasibility of the establishment of the inter-regional ecological compensation in Beijing-Tianjin-Hebei drainage basin.Based on the current status of the ecological environment of Beijing-Tianjin-Hebei drainage basin,it points out that the inter-regional ecological compensation system of the drainage basin can effectively relieve the ecological crisis of the drainage basin and reconcile the conflicts between stakeholders of the ecological environment.It analyzes existing practice,laws and regulations on international ecological compensation of Beijing-Tianjin-Hebei drainage basin,to guide for the feasible path of the inter-regional ecological system in the drainage basin,and provide the policy basis.Part Three mainly introduces mature trans-provincial inter-regional ecological compensation practice in our country,i.e.,the ecological compensation practice of Dong-jiang drainage basin and Xin'an drainage basin;it also sorts out the experience achieved during institution construction and legislation process.It modifies and utilizes the enlightenments acquired by summarizing and analyzing the common grounds of the experience;in combination the characteristics of Beijing-Tianjin-Hebei regions,it constructs and perfects the ecological compensation system of Beijing-Tianjin-Hebei regions.Part Four is the conception of the inter-regional ecological compensation system of Beijing-Tianjin-Hebei drainage basin;it proposes corresponding suggestions on perfection of law system on the aspects of guiding principle,compensating subject,compensation standard,compensation method and safeguard measures.According to the leading principle of undertaken by the beneficiary,it proposes to take the beneficiary of the ecological system service in the drainage basin as the subject of the compensation.As for the specific compensation method,this article proposes the diversified compensation method dominated by government compensation and supplemented by market compensation.Besides,it establishes the transverse transfer payment from the exchequer among the three regions,which plays a leading role of governments in the inter-regional ecological compensation in the drainage basin.It is necessary to determine the standard for the inter-regional ecological compensation in the drainage basin according to the ecological control cost,the lost development opportunities as well as the water quality and quantity of the upstream regions.In addition,it is necessary to perfect the supervisory and monitoring mechanisms,and release related Measures for the Implementation of Interregional Ecological Compensation in Beijing,Tianjin and Hebei Drainage Basin to ensure the smooth implementation of the ecological compensation system of Beijing-Tianjin-Hebei regions.
Keywords/Search Tags:Beijing-Tianjin-Hebei, Regions, Inter-regional Ecological Compensation, Beneficiaries, Guarantee Measures
PDF Full Text Request
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