Research On Legal Issues Of Ecological Compensation

Since the 19th national congress of the communist party of China(CPC),ecological civilization construction become the primary task in China,we will be describe a blueprint of "beautiful China".In the 13th five-year plan.China has taken ecological civilization as the primary factor for national economic and social development.In 2016,Shanghai carried out ecological reform in Chongming District and built Chongming Island into a world-class ecological island based on ecological civilization.The construction of the ecological island cannot be achieved without the support of the rule of law.Therefore,it is the great significance that explore the legal obstacles encountered in the construction of Chongming Ecological Island.For comply with the new situation of the construction of ecological civilization,coordinate the development of ecological island construction and the construction of the ecological island has been transformed from ecological conservation to,ecology+”.The development of world-class ecological islands is committed to optimizing the spatial structure and coordinating the contradiction between economic development and ecological protection,while the ecological compensation as a mediator to smooth the contradiction between restricted development and economic growth.Ecological compensation system plays an important role in promoting protect the ecological environment,comprehensive utilization of resources and safeguarding social equity.It is a new type of resource management mechanism.From the international definition of payment for ecosystem services is more widely spread.Ecological compensation originates from payment for ecosystem services,and with the China's objective practice it is developed.In the 1970s,payment for ecosystem services has been created,researchers described the value of ecosystem services that it could play a beneficial role in ecosystem.In the<Nature>,the total value of global ecosystem services be worked out and have been published for the first time.After that,in the Millennium ecosystem Assessment report,the United Nations has made clear that the specific functions of the ecological value provided by ecosystem services for human beings survival,and finally clarified the balance between human beings and ecology.The theoretical basis of ecosystem service payment mainly includes natural capital theory,externality theory and public goods theory.Chinese scholars began to study ecological compensation since the 1980s,and the government has been levied ecological compensation fees on relevant subjects by legal.The initial research field is mainly carried out in forestry,the ecological forest and forestry compensation fund are the most eagerly discussed in our country.Then the theoretical and practical circles further expand the connotation of ecological compensation,so that it has a more rich connotation.The study of ecological compensation system in our country relatively behind developed countries,although we has achieved some success in some aspects,but there are still some problems hindered the development of ecological compensation system in practice.Therefore,in the construction of Chongming ecological compensation system in China should draw experiences about the existing legislation problems and contradictions,from other parts of the ecological compensation system,and explore the ecological compensation system to conforms a world-class ecological island,with the rule of law means to promote the construction of Chongming ecological and economic.