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The Study of China's Agro-ecological Compensation Legal System

Author: ZhaoLi
Tutor: LiuYunLiang
School: Hainan University
Course: Environment and Resources Protection Law
Keywords: Agro-ccological Compensation Ecosystem Legal System
CLC: D922.68
Type: Master's thesis
Year: 2013
Downloads: 20
Quote: 0
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Abstract


Thousand years of Chinese civilization never leave agriculture.It is agriculture that feeds our sons and daughters of the Chinese nation.and that makes the civilization thrive to this day. Agriculture always plays an inreplacable role in our national economy.Recently,it is neccessory and feasible to eco-compensate the agriculture,with the accelerated pace of urban and rurual construction.The pollution of rurual environment,the destruction of agricultural ecology and environment,and unscientific farming methods cause unprecedently serious rurual environmental problems and becomes the strong focus of all circles. The most effective mean to solve these problems is to establish a complete and effective legal system of the agro-ecological compensation. Countryside is the habitable land of farmer era and the farmland is the surviving basis of fanners. Agro-ecological compensation is not only related to the direct interests of the farmers, but also on the quality and quantity of grain and vegetables, or even related to the stability of society.Ecological compensation launches several decades of search and gains some achievements,but there are only one doctoiral dissertation and on treatise on ago-ecological compensation and few legislation make the specific and clear requirements for legal system of ago-ecological compensation to say that,there is no clear and specific legislation for provision of agro-ecological compensation system and only some provinces introduce some local rules according to their own conditions. Improving and Establishing the ago-ecological compensation would make up for the inadequate legislation of ago-ecological compensation in the China Environmental Protection Act,but also protect the development right of farmers and is helpful to improve and conserve the ago-ecological environment of agriculture production. Law coordinate and protect the weak’s right and achieve the social fairness and justice.Ago-ecological compensation legal system would protect the rights of existence and development of the vulnerable groups and yet reflect the fairness and justice of the law. The success cases of foreign agro-ecological compensation deserve our reference in agro-ecological compensation.With USA environmental quality incentive mechanism,protective reserve program and the EU CAP as analysis object,their character of agricultural measurement is that clear compensation subject and object,concret and clear legal system and the combination of the market and government compensation.However,our agro-ecological compensation legal system exist with low level of legislation,single financing methold,unknown compensation object,unscientific compensation standard.etc.This article discuss the impromcnt of agro-ecological compensation legal system from the detailed design.basic principle,basic element and operating mechanism of legal system.Agro-ecological compensation involve a wide range.The legal system alone can’t solve all the problems.Establishing the agro-ecological environmental legal system will provide the system guarantee for the agriculture and achieve the legal support.

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