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Study on Ecological Compensation from the Angle of Customary Rights

Author: XinShuai
Tutor: XuXiangMin
School: Ocean University of China
Course: Constitutional and Administrative Law
Keywords: Ecological Compensation Ecosystem Services Customary Rights Payment for Ecosystem Services
CLC: D922.6
Type: Master's thesis
Year: 2010
Downloads: 142
Quote: 1
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Abstract


Our country is paying more and more attention to environment protection. As a useful environment protecting method, Ecological Compensation has been used more and more. Splendid ecological effects have been gained through many Ecological Compensation projects. However, few problems came out at the same time. After many Ecological Compensation projects were launched out, along with the crash of inhabitants’traditional life styles in the ecological protecting area, the inhabitants’ living standard didn’t have a perceptible improvement, instead, went down. Their interests in ecosystem got hurt. Because Ecological Compensation affected so many people, the epidemic hurt to inhabitants is a serious social,economic problem that needs facing with serious attitude. In this paper, the reason of that problem will be searched and analyzed in the angle of customary rights.First, the two meanings of compensation in Ecological Compensation, "the compensation as aim" and "the compensation as method" will be analyzed and their differences and connections will be discussed. It will be clarified that the problem ought to be resolved by "the compensation as method" is "internal relationship of ecological and related interests among human beings", the research field jurisprudential study good at. So there will be more study on the "the compensation as method" in this paper.Second, it will be demonstrated that the trade between supplier and buyer (free or controlled by government) is the main tool and behavior model used in "the compensation as method" to handle "internal relationship of ecological and related interests among human beings". And the concept of Ecological Compensation will be redefined and analyzed in the light of trade of ecological services, which will give us a clear understanding of operation and model of Ecological Compensation in practice and administrative Ecological Compensation is a kind of trade of ecological and related interests. That will help us find out the reason of the problem in current Ecological Compensation in a new angle.Most important of all, from the angle of customary rights, there will be some criticism of current practice, economic and legal theories of Ecological Compensation in this paper. They only observed inhabitants’legal rights in certain ecological area, but lost the sight of their customary rights that are also damaged in Ecological Compensation. That is the critical reason why the inhabitants’profits got hurt and living standard didn’t have a perceptible improvement. It will be demonstrated that inhabitants’legal rights and customary rights are both lost in Ecological Compensation. And the kinds, characteristics, importance, connection with traditional life styles and bad results of damages of inhabitants’customary rights in the Ecological Compensation will be discussed adequately.On that basis, few proposals about future Ecological Compensation in our country will be put forward to protect certain inhabitants’customary rights. First, in administrative Ecological Compensation, there should be a survey of inhabitants’ customary rights before each project; our government should respect inhabitants’ trading will; certain administrative procedure of hearing ought to be established for administrative Ecological Compensation project. Those measures could help administrative Ecological Compensation project consider inhabitants’customary rights in a more comprehensive way. And more, our government could provide more conditions for marketization of Ecological Compensation.

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