With the promotion of the comprehensive rule of law strategy and the construction of ecological civilization,the important position of the ecological civilization legal system in the construction of the rule of law in China has been highlighted,and the forest ecological benefit compensation system has also been highly concerned by the academic circle.As an important component of the compensation system,the range of forest ecological benefit compensation can provide a reference for the reasonable formulation of compensation standards and provide a theoretical basis for ensuring the proper and accurate compensation procedures.This research uses the literature analysis method,law analysis method to clear the definition of forest ecological benefit compensation range,as well as its content and determination principle,analyzes the current forest ecological benefit compensation system of forest ecological benefit compensation range of existing problems and reasons,puts forward the solution.The research is helpful to promote the study of forest ecological benefit theory.It is also conducive to breaking the confusion between ecological compensation and other environmental governance methods,promoting legislation on compensation for ecological benefits in China,and promoting the construction of a country ruled by law.The definition of compensation range is the range of ecological benefits that should and can be compensated,and the compensation range of forest ecological benefits is the collection of these ecological benefits.The range of the indemnified subject of forest ecological benefit compensation is defined as the subject range of the subject receiving the ecological benefit compensation fund or compensation measures,and the range of the reimbursed subject is the collection of the persons receiving compensation.The range of application is the range in which the forest ecological benefit compensation system has effect on people or forest area.There are three principles to determine the range of compensation.The first is the principle of compensation feasibility,which requires that the ecological benefits within the range meet four characteristics: objective existence,measurable,positive externality and non-marketability.The second is the principle of fairness,which requires equal compensation status for the ecological benefits that should and can be compensated.The third is the parallel principle of special compensation and general compensation,which requires compensation according to the positive impact degree of different ecological benefit types.It not only compensates the specific ecological benefit types with the largest positive impact,but also compensates the remaining ecological benefit types.Through analyzing the legal provisions and practice status quo of forest ecological benefit compensation in different basins,different fields and different normative documents,the following problems were found: First,the definition was not clear,the range of forest ecological benefit compensation was confused with the range of the compensation subject and the applicable range of the compensation system;Second,the range of compensation was wrong,and compensation measures were implemented for negative external environmental benefits;Third,the compensation range is narrow,omitting compensation for all kinds of ecological benefits of commercial forests,omitting compensation for the remaining ecological benefits of forestland with specific ecological functions except for the specific one.Then the study found that the main reasons for the problems are as follows:inadequate understanding of forest ecological benefit compensation range,including the definition of forest ecological benefit compensation range,various ecological benefits of commercial forest,various ecological benefits of public forest and dynamic changes of forest ecological benefit compensation range;Existing lack the principle of determining the compensation range,and the cause of missing analyzing all kinds of ecological compensation is the lack of feasibility of compensation principle,fair principle,and the specific missing for the remainder of the function of ecological public welfare forest ecological benefit compensation is due to the compensation principle of feasibility,and the lack of special and general principle of compensation in parallel;The social recognition degree of different ecological benefit types is different.The factors that affect the social recognition degree include historical reasons and inadequate publicity.The national and local finance are limited,so the compensation should be selected for different forest lands or different ecological benefit types.Finally,the approaches to improve the forest ecological benefit compensation range in the forest ecological benefit compensation system in China are as follows:In the aspect of strengthening the understanding,it is necessary to strengthen the understanding of the definition of forest ecological benefit compensation and citizens’ compensation obligations.In the aspect of adjusting the compensation range of forest ecological benefit,the ecological benefit of commercial forest should have the compensation status,and the principle of special and general compensation should be carried out in the compensation procedure,treat the changing ecological benefit reasonably.In the aspect of compensation fund,the range of compensation fund payment subjects can be wider,allowing individuals to sign agreements on compensation for forest ecological benefits,and promoting the overall use of ecological protection fund. |