A Study On The Establishment Of Arable Land Ecological Compensation System In China

The 18 th National Congress of the Communist Party of China has affirmed the key position of ecological progress and improving rule of law in environmental protection in the country ' s modernization drive,in which the creation of a sound ecological compensation mechanism plays an important role.In April,2016,Guidelines on Building a Sound Ecological Protection and Compensation Mechanism was promulgated.With arable land designated as one of the seven major sectors,this document states that what's important in the ecological protection and compensation of arable land is the creation of sound institutions.In light of this important document,studies about China's relevant laws and regulations will greatly advance the practice of arable land ecological compensation in China and the establishment sound legal systems in this area.This paper first defines the ecological compensation and arable land ecological compensation,and identifies Ecological Value Theory,Externality Theory and the Theory of Sustainable Development as its theoretical basis.In light of China's realities,it also seeks to provide an analysis of the necessity and viability of an arable land ecological compensation system.This paper then combs through various laws and regulations including China's constitution,administrative laws and local legislature and concludes that inadequate legal ground,unsound legal procedures,imbalanced accountability and supporting systems are major obstacles moving forward.Best practices about arable land ecological protection and compensation outside mainland China,such as USA,EU and Japan,are recounted in this paper,many of which should also be applicable to China,such as sound legal norms and procedures and the principle of customization.After laying the foundation,this paper then makes two proposals from macro and micro perspectives about the establishment of a sound legal system supporting arable land ecological compensation in China.The macro proposal suggests the acceleration of legislative process and improvement of legal norms with clarification of legal principles applicable to arable land ecological compensation,such as PPP Principle,PGP Principle,BPP Principle,Fairness Principle and the Principle of Customization.The micro proposal recommends that elements constituting the legalsystem supporting the arable land ecological compensation must be clarified first.Secondly,legal procedures must be standardized.Last but not the least,sound accountability and support mechanisms must also be established.The roll-out of Guidelines on Building a Sound Ecological Protection and Compensation Mechanism and Guidelines on Strengthening Arable Land Protection and Improving Requisition-Compensation Balance has identified legal system protecting arable land compensation as one of the seven major areas in ecological protection and compensation.With such an important topic,this paper also takes into consideration of recent developments in the policies of China's ecological progress and improving rule of law in environmental protection.In light of China ' s realities and by combining theoretical analysis and best practices in foreign countries,this paper offers proposals,both on macro and micro levels,about the establishment of China's own legal systems supporting arable land ecological compensation.It is the author's greatest hope that this paper will make its tiny share of contribution to the establishment of China's legal systems supporting arable land ecological compensation,and by extension,the improvement of institutions and practices concerning China's ecological compensation and ecological progress as a whole.