Study On The Legal System Of Ecological Compensation For Wetland Environmental Protection

As one of the world's important ecosystems,wetland has great economic value and ecological value,which has made outstanding contributions to the maintenance of ecological balance and the development of economy.China is rich in wetland resources,wetland covers a wide area,but in the development of wetland resources,the wetland resources can not be given to the corresponding protection,wetland ecological resources have been seriously damaged.In this context,China's newly revised "environmental protection law" to further increase the protection of wetland resources,first introduced the "ecological compensation system",at the same time,local regulations also attaches great importance to the protection of wetland resources,have introduced the "wetland environmental protection regulations".But in the process of the construction of the wetland ecological compensation system,it still faces a series of problems.Therefore this study is based on the provisions of law and the basic connotation of wetland ecological compensation system on the research of domestic laws and regulations,then the existing legal provisions and practice of the problem to be studied,combined with foreign experience,provide reference material for the system of wetland ecological compensation in china.At last,some suggestions are put forward on the specific regulation of wetland ecological compensation system in China.In this paper,the research background,research significance,research methods and research status are defined.In addition,this paper consists of the following five chapters:In the first part,this paper introduces the concept of wetland,the basic connotation of wetland ecological compensation and the theoretical basis of the law.The relationship between the unity of opposites theory of environmental rights and the right to development,the research of environmental justice theory,the research on the system of environmental protection of the public,constitute the basic content of this paper,in order to pave the way for later chapters.In the second part,the paper introduces the laws and regulations of the wetland ecological compensation system in china.The "Ramsar Convention" is applicable in our country,the significance of "constitution" and "environmental protection law" and so on "ecological compensation system" construction,"China wetland protection plan","wetland protection regulations" on the wetland ecological compensation provisions.This paper mainly introduces the regulation of local wetland ecological compensation system in some provinces and cities of China,and summarizes the common characteristics of local laws and regulations.The third part,introduces the legal problems and practical problems in the process of the construction of wetland ecological compensation system.In the construction of the wetland ecological compensation system,the lack of the provisions of the national unified legislation,the lack of legal details of the system construction,the existence of certain legislative deviation and other issues.But in the practice of law,the existence of chaos phenomena such as the fundamental role of the market mechanism is ignored,the compensation standard,compensation mode is single,lack of management responsibilities,problems are not conducive to the construction of wetland ecological compensation system in China,this paper studies the formation of the basic issue.The fourth part,introduces the foreign experience,introduced the United States,the European Union,Britain,Japan and other countries on the wetland ecological compensation system of "zero net loss",public participation,ecological agricultural subsidies,strictly unified national legislation practice,and make analysis on the China laws,providing empirical basis for the following third party the proposed wetland ecological compensation system.The fifth part,according to the Chinese wetland ecological compensation system question papers,and learn from foreign experience of advanced countries,the author suggests that do the following work: first,we should perfect the legislation,to choose the mode of legislation of wetland ecological compensation,the two is the establishment of a unified national wetland ecological compensation value measurement standard,three is the diversification of wetland ecological compensation the four way is to coordinate the various parts of the duties,increase the wetland ecological environment supervision.These contents constitute a complete framework for the legal regulation of wetland ecological compensation system.