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Legal Definition of Ecological Compensation from the Instances of Ecological Compensation

Author: DuanZuoBiao
Tutor: LiBingQiang; ZuoWeiWei
School: Shanxi University
Course: Legal
Keywords: Ecological compensation Legislation Legal definition
CLC: D922.68
Type: Master's thesis
Year: 2013
Downloads: 32
Quote: 0
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Abstract


According to the answers to questions of the legal definition of ecological compensation, Some scholars focus on the "compensation", concern that ecological compensation is a balance of interests between social subjects; Some scholars focus on "ecological", concern that ecological compensation should be the first human on the ecological environment compensation, this compensation is expressed as a series of recovery and management behavior. The differences two sides have their own theoretical basis, it is uncertain that who is more scientific in theory. But the law must pay attention to the present reality. At present, China does not accurately define the ecological compensation on the legal level, ecological compensation in practice is also has the problem of conflict of interest between the related entities. Therefore, under the situation of the oretical differences that do exist, at the legislative level to make a choice based on real demand to solve the problems in the practice of ecological compensation is very necessary.This thesis is divided into four parts.The first part describes the arguments put forward by the domestic theoretical circles on the meaning of the definition of ecological compensation.Then found differences in these views. Followed by the analysis of Peking University’s "Ecological environment Compensation Ordinance legislation" and "Shanxi ecological environment Compensation Ordinance (draft)", explain the performance of theoretical differences in legislation.The second part is a practical case studies.Through water trading and Recovery and management of ecological environment of mining area in Shanxi Province both cases, Intuitive explanation the problems and conflicts of interest of the practice of ecological compensation brought by theoretical differences and contradictions in legislation.The third part is about the solution to the problem. Combined with theory in the field of economics and law,this part focuse on the analysis and answers of ecological compensation theoretical differences and contradictions in legislation. The conclusion of this section does not focus on the improvement of theoretical, but taking into account the demand Practice.The fourth part is basied on the conclusion of the third part, delimit Legal meaning of Ecological compensation.

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