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On the Legal Relationship of Eco-compensation

Author: WangXinLi
Tutor: XuXiangMin
School: Ocean University of China
Course: Environment and Resources Protection Law
Keywords: ecological compensation jural relation subject object
CLC: D912.6
Type: Master's thesis
Year: 2010
Downloads: 157
Quote: 0
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Abstract


Ecological compensation derives from ecological compensation of nature initially, then evolves into economic means and mechanism of ecological environmental protection. On the significance of ecology, ecological compensation is integrated compensation process that the nation and society invest material resources and labor to pay for environmental function and resources loss caused by ecosystem unbalance. It is the process of recovering and rebuilding ecosystem. With the development of environmental protection legal system, ecological compensation has become a legal concept. We are supposed to study ecological compensation with law science theory on the basis of environmental equality and justice. Ecological compensation in environmental protection law is the process of compensation between human beings. Ecological compensation is the systematical guarantee and the instrument for realizing rights and responsibility of environmental subject. However, research on ecological compensation jural relation in law science circle are not paid enough attention and systematical theory and regulations are not made, either. Jural relation of ecological compensation is the premise for building its legal system.The problems of "who pay for whom" and price in the ecological compensation are definite question of ecological compensation jural relation by the premise of constraint from its regulations and policy. In the practice, the problem that how to bulid a matched and flexible ecological compensation mechanism is badly in need to be solved. Then, it become the theoretical basis for the solution of the problem that we must study ecological compensation jural relation and figure out the identity of subject and content of rights between subjects from the view of law science theory.Ecological compensation, practically, is government oriented form of financial transfer payment. Therefore, it is misunderstood to be government oriented administrative conduct of public benefit. The statement, which is bad for ecological compensation turning for a diverse compensation subject existence, ignores the other compensation form such as market compensation and the substance of compensation that it is civil legal conduct.The jural relation subject of ecological compensation is on the basis of its necessary conduct and responsibility capacity, combined with diverse form of ecological compensation, including nation, natural person and social organizations. The classification is helpful for calling for more social members joining in the ecological compensation, achieving the aim of environmental justice and guarantee the recovery of ecosystem.The object of ecological compensation jural relation appears as all kinds of compensation result, including money, policy favor.The content of ecological compensation jural relation is the outcome of rights and responsibilities between subjects. It is helpful for ecological compensation mechanism functioning well to make the rights and responsibilities of subjects clear.From the view of ecological compensation jural relation, studying the completion of its mechanism is the first step of theoretical research utilization. Particularly speaking, our task is defining the duty of government, making full use of social organization, completing the institutional basis for ecological compensation function and switch the compensation form as the embodiment of rights and responsibilities between subjects in practice.

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CLC: > Political, legal > Legal > UNIVERSITY > Natural Resources and Environmental Protection Act
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