Research On Legal Responsibility Of Ecological Compensation Agreement In Horizontal Watershed

In order to achieve the goal of "basically establishing a horizontal ecological protection compensation mechanism for upstream and downstream watersheds within the administrative regions of various provinces(autonomous regions,municipalities)by 2020,all provinces have fully initiated the signing of a horizontal ecological compensation agreement for watersheds.The so-called watershed horizontal ecological compensation agreement refers to the local government’s goal of improving the water environment quality of the watershed,and stipulating the payment standard of ecological compensation.Based on the assessment of the water quality and river section of the river basin,when the water environment reaches the agreed standard,the downstream government pays to compensate the upstream area.The essence of compensation is to compensate the economic development opportunities lost in the upstream area to improve the quality of the water environment;when the water environment does not reach the agreed standard,the upstream government bears the corresponding compensation for violating the agreement.From the perspective of the agreement body,it is an agreement voluntarily reached by the upstream government to improve the water environment quality of the basin and the downstream government to obtain better water resources.And because of the huge public product benefits that water resources have for the ecological environment and social development,it has the nature of public rights,is a kind of usufructuary rights with public rights,and is a kind of unit and individual obtained according to a certain procedure.Property rights;from the content of the agreement,it is a compensation agreement based on equal negotiation based on the water quality of the river section of most upstream and downstream governments.The watershed horizontal ecological compensation agreement is different from the general administrative agreement and the general civil contract.The nature of the agreement is special.Therefore,only by clarifying the nature of the agreement can the responsibility of the subject be improved and the agreement more operable.The watershed horizontal ecological compensation agreement has a relatively solid and reasonable economic theory,legal theory and ecological theory foundation.It is an economic development right and water resource use right that focuses on the equal subjects in the upstream and downstream areas.It is a construction of the water resource rights system.,Embodies the horizontal rights compensation relationship between equal subjects.It imposes restrictions on the process of the proper exercise of water resources in the upstream area and affects its water resources use rights.Therefore,the compensation agreement has a certain debt color,and it is also a right to directly control water resources.Define and flexibly control the content of water use rights to achieve maximum fairness.Restricting the upstream government’s right to use water resources through contracts to improve water quality is generally to preserve the original state of water resources without actively using them,and "leave" water resources.However,such "idle" will not only cause adverse legal consequences like general property rights,but also will bring positive externalities,so that downstream areas can obtain high-quality water resources and economically use them,so that downstream areas can obtain benefits,So it is a special way of property rights.Although the upstream and downstream governments do not conform to the characteristics of private subjects in civil legal relations,and the rights object also has certain specialities,the content of the rights and obligations of both parties to the agreement is determined under the principle of autonomy,so it can be defined as a quasi-civil contract.The agreement is defined as the nature of a quasi-civil contract,and its liability can be referred to the provisions of the civil contract.In the ecological compensation agreement,clarify the rights and obligations between the upstream and downstream governments.Before signing the agreement,select enterprises and residents in the downstream area to conduct a sample survey to determine how much compensation the residents in the downstream area are willing to pay for maintaining good water quality in the basin.According to the agreement,the liquidated damages will be stipulated in the agreement,which will help to clarify the upstream and downstream governments’ liability for breach of contract and the amount of responsibility.In addition,a deposit system for the main body of the agreement should be established to allow the producer to pay a deposit before production begins.Confiscated.Margins increase the cost of producers ’evasion of responsibility,thereby reducing producers’ actions that are harmful to the environment.