The Legal Guarantee Of Ecological Compensation In River Basins In China

The whole river basin ecological compensation and its marginal land form,with water and land system as the medium,according to the external human to in the drainage area,outside the scope of influence,gain or loss arising from the different subjects of the man-made redistribution in accordance with the principle of fairness problem.It is a kind of economic incentive mechanism as well as a relief legal system to balance the ecological compensation,promote the interests of the supplier and the recipient,and promote the performance of the positive external effects in order to achieve the maintenance of the ecological environment.Its meaning is basically recognized in the understanding,that is,to protect the ecological environment,and the ecological protection of the perpetrators and beneficiaries of redistribution between the interests of the purpose.On the current situation of ecological environment is not optimistic,the need to improve the ecological compensation measures,strengthen ecological compensation legislation quality supervision,reflection,promote ecological environment,absorb the advantages,disadvantages of law enforcement relief,improve the legal supervision system tends to be more scientific and careful.The ecological compensation mechanism of the basin has been continuously improved in the process of trying to practice,and has achieved remarkable results,contributing a lot to the ecological protection incentive mechanism.However,there are too many studies on the macro operation of the ecological compensation system of the basin,and there is not enough discussion on the late supervision of the implementation of the ecological compensation of the river basin and the investigation of the illegal acts in the process of operation.The implementation effect of ecological compensation in the basin is uneven in practice,and the excessive reliance on government financial strength in the way of compensation has brought great pressure to the government.There are many reasons for poor ecological compensation,such as unscientific legislation,imperfect law enforcement mechanism,inadequate supervision and so on.In order to ensure the basin ecological compensation mechanism,to clear regulatory authorities to strengthen the rational use,supervision and evaluation of the implementation process of the funds;legal refinement of stakeholders,to clarify its responsibilities and obligations,illegal behavior,legal mechanism to promote at all levels;however,the government should strengthen coordination and communication management,optimize the implementation of ecological compensation effect.The legal protection of ecological compensation from the guiding ideology,legislation,law enforcement,supervision and protection of river basin ecological compensation mechanism in order to promote the excessive dependence on government in the implementation process,the government management mechanism is not perfect in the implementation of the ecological compensation effect not fully play,still need to be further improved.There are many causes,such as the poor effect of ecological compensation: legislative defects,law enforcement mechanism is not perfect,supervision is not in place and so on,also need to modify the legal adjustment mechanism,etc.,and sound legal protection of basin ecological compensation implementation,in order to gradually improve,the real ecological compensation activities for a long time,to protect the ecological environment the purpose of.