Study On The Legal System Of Watershed Ecological Compensation

The legal system of ecological compensation in the basin is an important branch of the legal system of ecological compensation,which plays an important role in coordinating regional conflicts of interest and promoting the sustainable and healthy development of economy,society and ecology of the whole basin.In the basin ecosystem,the unidirectional flow of water resources determines the obvious unidirectionality of the eco-environmental benefits generated by people’s production activities in the basin.The contribution of upstream and downstream areas to the basin eco-environment is different in nature,which leads to the unfair use of basin ecological resources in the upstream and downstream areas.The characteristics of the basin itself determine that the protector is often located in the upstream region of the river in the protection of the basin ecological environment,and these areas are also areas with rich natural resources but underdeveloped economy.These areas should provide a better ecological environment for the middle and lower reaches of the river at the expense of their economic development opportunities and interests during the process of environmental protection.But in this process,the eco-environmental protectors did not get the corresponding compensation for the lost development opportunities in order to protect the environment.The middle and lower reaches of the river are usually the beneficiaries of the ecological environment.Their ecological protection responsibility is smaller than that of the upper reaches,and they can enjoy a good ecological environment,which is unfair to the whole inter regional system of the river basin.It will continue to increase the economic development gap between the upper,middle and lower reaches of the river basin,resulting in social contradictions.In addition,the basin ecological environment is facing increasingly severe situation,and it is urgent to establish and improve the basin ecological compensation mechanism.Through combing the practice and legislation of basin ecological compensation in China,it is found that there are some problems in basin ecological compensation,such as imperfect legal system,unreasonable compensation standard,unscientific compensation mode,imperfect management system and insufficient public participation mechanism.In order to protect the ecological environment of the river basin,the property rights related to the development and utilization of natural resources in the upstream region are limited,and there is an unbalanced distribution of interests between the upstream region and the downstream region,which is essentially a property relationship.Therefore,the basis of basin compensation is a new benefit allocation model,which reflects the redistribution of development rights and ecological benefits.At present,the ecological compensation of river basin is mainly dominated by the government,but only relying on the power of government compensation is insufficient.Therefore,it is necessary to vigorously develop the market compensation mode,and the market is related to the transaction relationship between equal subjects,which needs to be adjusted by the civil law.Therefore,the improvement of basin ecological compensation mechanism needs the joint adjustment of public law and private law in order to effectively solve its problems and shortcomings.Through research and analysis,this paper puts forward that establishing and improving the legal system of basin ecological compensation,improving the compensation standard,strengthening the construction of property rights system,improving the basin management system and encouraging public participation are effective ways to solve the problems existing in the basin ecological compensation system.