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The Creation and Development of Ecological Compensation Law

Author: ZhuLiHua
Tutor: XuXiangMin
School: Ocean University of China
Course: International Law
Keywords: Eco-compensation Theoretical foundation Practical foundation Development trend Perfect measures
CLC: D922.6
Type: Master's thesis
Year: 2010
Downloads: 133
Quote: 0
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Abstract


Ecological environment and natural resources are human’s survival and development foundation.The balance of the ecosystem is the condition of sustainable socio-economic development. In recent years, with the continued expansion of population and the rapid development of productivity,the impact of human activities on the serious nature is beyond the tolerance range. For the purpose of economic development,human nature obtain too much resources and energy.The contradiction between the natural resources, ecological environment and sustainable development is increasingly obvious. The total natural resources is decreasing,and some resources is nearly exhausted.Ecological environment is deteriorating.Ecological damage in some areas has reached a critical level.It is a direct threat to human life and safety, and a major social problem that affects the sustainable development of the economy.A very important reason is the lack of ecological compensation system.The opportunities who make a contribution to protect the environment and lost the development opportunity are not compensated.This is a serious impact on these people to protect the environment.To the beneficiaries of ecosystem services, ecosystem services has long been regarded as a "free lunch". "I spend money on trees, shade him free," "upstream protection, lower benefit; upstream pollution, lower suffer", is the reflection of Chinses ecological environment protection.Ecological compensation system is to achieve ecological protection through system innovation internalization of external costs, so that the results of ecological protection of the beneficiaries pay the appropriate fees, through the design of the system of ecological products to solve this particular public goods consumption in the "free rider" phenomenon.The ecological compensation law is approved by the environmental scientists since proposed, and is concerned in the community increasingly.It becomes one of the problems demanding prompt solution in natural resource and ecosystem management research and social practice.This paper summarizes the emergence and development of the ecological compensation law.It is divided into five parts.The first part defines the concept of ecological compensation law, and then analyzes the basis of the ecological compensation law in reality.The second part sums up the foreign eco-compensation practice and legislative developments, discusses the practice of ecological compensation practice in the United States, France, Germany.Legislation is summarized in Germany, the United States, Japan and other countries and characteristics of ecological compensation legislation.The third part is based on the development of the ecological compensation law in China. First of all discuss the background of the emergence of China’s eco-compensation law from our current state of the environment, and then discuss our current implementation of ecological compensation practice,and finally raises the problems in the development.The fourth part discusses the status of ecological compensation law in our legal system.The fifth part summarizes the trend of eco-compensation law, including legalizing, scientific methods, international practices.Then we will focus on amending existing laws, speeding up the process of ecological compensation legislation, strengthening basic research of eco-compensation law, improving the government’s compensation system, promoting market compensation mechanisms vigorously, developing other compensation ways,And we will cooperate with other countries and raise public environmental awareness.The innovation of this paper is as follows:(1)This paper turns the research objective into the creation and development of ecological compensation law the first time. Most research related to eco-compensation law focus on the theory and practice at home and abroad. Theoretical aspects of ecological compensation law focus on the theoretical basis and value of research. Practice is mainly in the forest, watershed and water resources ecological compensation, and proposes methods and problems in the practice of ecological compensation. But there are few systematic studies of ecological compensation law’s creation and development. This paper discusses this issue from the production of ecological compensation law at home and abroad.(2)This paper points out the status of eco-compensation law in our legal system. Although eco-compensation law is not yet perfect, it occupies a crucial position.Eco-compensation law is a necessary means to solve environmental problems, is the requirement to establish the value of ecological resources, is the basis to regulate the different national environmental decision, is the requirements of promoting public participation in environmental protection, is to achieve the necessary conditions for the sustainable development strategy. Then this paper discusses the relationship of eco-compensation law and the exist law of environmental pollution and control, and natural resources law, and international treaties.(3)This paper summarizes the development trend of eco-compensation law. Few domestic scholars make a summary of the development trend of eco-compensation law. This paper summaries the future development trend. That is establish the legal system, compensate with scientific method, and conduct international practice.

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