The Construction Of Marine Ecological Compensation Legal System

With the rapid growth of the population and the rapid development of the marine economy,the way of excessively consuming marine resources to develop the economy has brought serious challenges to the sustainable development of the marine ecological environment.Faced with these severe challenges,the first to bear the brunt is to resolve the contradiction between marine development and marine environmental protection.Although marine ecological compensation has unique advantages in practice,due to the legislative and practical deficiencies of the marine ecological compensation system.So it failed to truly achieve the fundamental purpose of protecting the marine ecological environment.The construction of the marine ecological compensation legal system is an effective means to ensure the coordinated operation of marine ecological environmental protection and social and economic development.This article starts with the dispute and definition of the concept of marine ecological compensation,combined with domestic and foreign practice,further analyzes the problems of China’s marine ecological compensation system,and proposes a proposal for the establishment of a marine ecological compensation legal system.In the first part of this article,the concept of the marine ecological compensation legal system is proposed.The definition is obtained through the conceptual dispute and definition of the marine ecological compensation system.The marine ecological compensation legal system is to use legal means to adjust the distribution of interests among stakeholders in marine development and utilization and marine ecological environmental protection.In order to protect the fair rights and interests of all parties,achieve fairness and justice,and thus ensure the sustainable development of the marine ecological environment.It lays a theoretical foundation for the construction of the marine ecological compensation legal system.The second part introduces the normative basis,local practice and main problems of marine ecological compensation in China.By sorting out the normative basis of marine ecological compensation in China and introducting three pilot cities in China: Weihai,Shandong,Lianyungang,Jiangsu,and Zhoushan,Zhejiang,marine ecological compensation practices.It is concluded that the main legal issues of marine ecological compensation in China are inadequate legal system,difficulty in determining compensation standards,unclear compensation subject,narrow compensation scope,and single compensation method.The third part introduces typical examples and main experiences of foreign marine ecological compensation systems.By introducing the practice of marine ecological compensation in the United States,South Korea and Japan,three valuable experiences are summarized: One is to implement special marine ecological compensation legislation;the second is to enrich marine compensation methods;the third is to broaden the channels of marine ecological compensation.It is hoped that these experiences can provide new ideas for the construction of China’s marine ecological compensation legal system.The fourth part focuses on the problems existing in China’s marine ecological compensation system summarized in the second part of this article,and puts forward specific suggestions for the construction of China’s marine biological compensation legal system.There are mainly special legislation for marine ecological compensation,the formulation of marine ecological compensation standards,the main body of marine ecological compensation,the diversification of marine ecological compensation,the establishment of a perfect marine ecological compensation operating mechanism,etc.