Research On The Legal System Of Ecological Protection And Compensation In Watershed In Minority Areas

In recent years,with the gradual improvement of China's ecological rule of law and the strengthening of the protection of the natural environment by all relevant departments,the trend of the deterioration of the natural environment has been effectively curtailed to some extent.However,in the field of watershed ecological management,due to the complex issues involved in the watershed,coupled with the incomplete legal system of ecological protection compensation,there are still problems of environmental pollution and ecological destruction,which seriously hinder the sustainable and healthy development of China's economy and society.Especially in ethnic minority areas in China,more than in a hierarchical,rich resources and backward economy,and the contradiction in river downstream ecological distribution of interests between developed areas,to be by perfect river basin ecological compensation legal system,to realize ecological compensation involves the balance of interests between the main body,so as to build a harmonious and stable environment for development,accelerate the construction of ecological civilization.In this paper,the compensation legal system of watershed ecological protection in minority areas is taken as the research object,and the Qingjiang Watershed is taken as an example to closely follow the core concept of watershed ecological value,and try to break through the established rules and conduct institutional innovation research.First of all,the connotation of river basin ecological compensation,nature,types and characteristics of the core concept is determined and analyzed,and the theory of river basin ecological compensation based on comb,including environmental justice theory,externality theory,integrity and the rule of law theory,in order to fully understand the basic situation of the legal system of river basin ecological compensation.Then focus on the Qingjiang river basin as an example for specific analysis.Through the research,it is found that the existing problems of ecological protection compensation in Qingjiang River basin are diversified,which mainly include unknown compensation subject,single compensation method,fuzzy compensation standard and insufficient compensation strength,etc.,and the causes ofthese problems are caused by the combination of subjective and objective factors.Subjectively,it is due to the improper allocation of governmental powers and the lack of legal system.Objectively,the contradiction between resource protection and development in minority areas is more prominent.To solve the above problem,it is necessary to draw lessons from foreign advanced legal system of river basin ecological compensation,such as the common law in the United States,Australia,Germany and Russia in the continental law system,etc.,these countries on river basin integrated management,river basin in such aspects as the allocation of resources to explore the beneficial experience,reflected in the main body responsibility,perfect the legal system and unified compensation standard and so on,these experiences undoubtedly enlightenment significance to our country.Therefore,we should improve the legal system of compensation for ecological protection in watershed of minority areas from the aspects of legislative value orientation,legislative mode,operation mechanism and specific rules,so as to promote the construction of ecological civilization in this area.