The Research On Legal System Of The Marine Eco-compensation In China

The ocean is not only a place for life,but also a space for survival.Marine ecosystem is of great significance to the whole society.However,with the increasing social needs,human demands for the marine environment resources are also accelerating,accompanied by the increasingly serious problems of marine environmental pollution,how to coordinate marine environmental protection and marine resources development to solve the problem of sustainable development is already a hot issue,a focus and a difficult problem of society.Marine ecological compensation,as a way to explore the balance between marine protection and marine development,has been recognized and promoted by most countries in the world.Based on the marine environmental protection as the starting point,this paper studies the legal system of marine ecological compensation in China,and puts forward a constructive discussion on the perfection of the legal system of marine ecological compensation in China according to China's present situation and problems of the legal system of marine ecological compensation,combining with the legislation and practical experience of advanced countries such as the United States and Germany.This paper is divided into five parts.The first part is the introduction,which mainly introduces the background and significance of the topic,the research status at home and abroad,the research methods and innovations.The second part discusses mainly the basic concepts of the legal system of marine ecological compensation and the connotation,characteristics,value,theoretical basis from the ecological compensation to the marine ecological compensation,and distinguishes between ecological compensation and ecological damage compensation.The third part takes United States,Germany,Canada for example and analyzes the marine ecological legislation and practices in these advanced countries to provide reference and experience for the perfection of China's legal system of marine ecological compensation.Based on the development status as the logic point,the fourth part discusses the problems existing in the legal system of marine ecological compensation in China from the three aspects of legal system,system content and safeguard mechanism.According to the problems of China's legal system of marine ecological compensation,the author offers some relevant suggestions and tries to resolve them in the fifth part,combining the foreign advanced experience with the current domestic situation.