Horizontal ecological protection compensation is for the purpose of promoting the construction of ecological civilization and protecting the ecological environment,It aims to regulate the ecological interest relationship between the subjects without affiliation,System design for compensation for ecological beneficiaries based on ecological protection subjects。Horizontal ecological protection compensation vividly reflects innovation、Coordination、Green、Share new development concept,The efficient conversion of "green water and green mountains" to "Jinshan Yinshan"。
In recent years,All parts of the country are actively promoting the compensation for horizontal ecological protection,But the legal system supply that regulates the compensation of horizontal ecological protection is obviously insufficient。The main manifestations are: the basic category of horizontal ecological protection compensation is defined,The range of adjustment、The legal attributes are not clear; the main body of the protection compensation、Compensation standards and sources of funds are relatively single; it has not yet formed a joint force with other ecological civilization systems,Lack of overallness and coordination between systems; etc.。September 2021,The National Development and Reform Commission announced the "Regulations on Ecological Protection Compensation (Draft for Public Soliciting Opinions)",But the relevant regulations on the compensation of horizontal ecological protection are not sufficient,The Construction of the Legal System of Horizontal Ecological Protection Compensation is still in its infancy。Scientific institutional design is to promote the compensation of horizontal ecological protection、The necessary guarantee for practicing high -quality green development。
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First,Principles of Compensation of Ecological beneficiaries。Ecological beneficiaries compensation is an important way to directly regulate the state protection cost state of imbalance in the state of imbalance bet365 best casino games of environmental protection。Principles of Compensation Principles of Ecological beneficiaries,Ecological beneficiaries should be accurately identified during the system design,Enhance the compensation consciousness of ecological beneficiaries,Increase its compensation internal power,Eliminate the behavior of "take a car"。
2,principle of coordination of inter -regional ecological interests。General Secretary Xi Jinping pointed out,"To improve the compensation mechanism of inter -regional interests,Form the beneficiary payment、The benign situation of the protector gets reasonable compensation "。The distribution of ecological products has strong regionality,Horizontal ecological protection compensation as a specific form of the compensation mechanism for regional interests,By establishing ecological interest sharing and compensation mechanisms,Balanced and coordinating ecological interests between regions,To achieve inter -regional ecological justice、Promote the realization of common wealth goals。
third,Government guidance、Market Operation Principles。Due to the long return cycle of ecological resources,low return rate,The government should play a guidance and regulatory role,Energy to increase compensation subject to participate in horizontal ecological compensation。At the same time,It is also necessary to give full play to the decisive role of the market in resource allocation,Improve compensation efficiency。
Fourth,Take into account the principle of classification and system compensation。Compensation for horizontal ecological protection shall be comprehensively considered for the type of resource type、Economic costs and other factors,Develop different types of compensation models and compensation standards,Promoting multi -field integration compensation,Coordinating the protection and governance of mountains and rivers, forests, lakes and grass。
System framework
First,Basis with the "Environmental Protection Law" as an institutional system。"Environmental Protection Law" as a leading law in the field of ecological civilization in my country,Legal status of horizontal ecological protection compensation should be established,Compensation Bet365 app download subject for compensation for horizontal ecological protection、Compensation methods are generalized。
2,The "main axis" with the "Ecological Protection Compensation Regulations" as the institutional system。The Regulations on Ecological Protection Compensation shall specifically specify the compensation method、Compensation Standards、Compensation procedures and other basic content; as the main line that penetrates the system system,Active and upper method,Such as the Connect of the Environmental Protection Law and the Marine Environmental Protection Law。Make sure its special method with the same level,For example, the "Nature Protection Land Regulations" and "Regulations on Natural Forest Protection" are compensated for the basis、Executive procedure and other issues coordinate unified。Should guide and standardize related local legislation、Development of administrative regulations,Efficient operation of compensation for the protection of horizontal ecological protection。
third,Local legislation、Administrative rules are an important part of the institutional system。Under the guidance of the principle of classification and system compensation,Adactions to local conditions、The operating mechanism and compensation plan of the scientific and reasonable design system; the supervision and management of local legislative cope with the compensation of horizontal ecological protection、Responsibility allocation of stakeholders、The popularization and promotion of innovation measures to make stipulations。
Main content
First,Standardized basic concepts,Clarify the basic features of the compensation of horizontal ecological protection。One must take "protection" as the core essence,Ceremony of horizontal ecological protection is compensation based on ecological protection.,This distinguish the broad ecological compensation in a broad sense。Second, define the connotation of "horizontal",That is, the legal norms of the horizontal ecological protection compensation compensation compensation for the ecological interest relationship between the subjects that do not have affiliation,Including the government、The relationship between the ecological protection compensation between the government and the private and private。Third, the compensation object of the compensation system of the horizontal ecological protection compensation system is bet365 live casino games ecological products,Provide compensation for providing compensation through the beneficiary direction of ecological products,As one of the path realization of the value of ecological products。Fourth to distinguish the legal nature of different types of horizontal ecological protection compensation models。The content of the legal relationship between the subjects of different protocols,Establish the legal nature of the ecological protection compensation relationship between the subjects。
2,Design diversified compensation mechanism。First is to compensate the subject diversification,The principle of implementing the "beneficiary compensation",Clarify the relevant beneficiary enterprise、Social Organization and individual ecological beneficiaries positioning,Formulate the corresponding incentive policy,Encourage them to participate as an ecological beneficiary to participate in compensation for horizontal ecological protection。Second is the diversification of compensation standards,That is, the key element of ecological contribution as the key element of establishing compensation standards,Establish a complete horizontal ecological protection compensation standard system。Ecological contributions include not only sacrifice to protect the ecological environment directly or indirectly,It also includes the ecosystem service function enhanced by the protection behavior、Ecological product value, etc.。Third is the diversification of compensation methods。Compensation for horizontal ecological protection should be integrated into the market mechanism,Promote public participation,Pay attention to improvement with people's livelihood、Combination of local economic development,Innovation compensation method,Implement compensation effect。
third,Clarify the rights and obligations of the subject of all parties。First, to clarify the rights and obligations of ecological protectors。Ecological protectors as rights subjects in the compensation relationship of horizontal ecological protection,Have the right to get corresponding compensation。At the same time, it should also perform the responsibility of ecological protection in accordance with the agreement,Supervision of Ecological beneficiaries,Make sure the continuous supply of ecological products。If the ecological protection responsibility is not bet365 live casino games fulfilled according to the contract,The legal consequences of violating the obligation to violate the contract。The second is to clarify the rights and obligations of the ecological beneficiaries。Ecological beneficiaries as the obligation subject in the relationship of compensation in horizontal ecological protection,Compensation of ecological protectors should。At the same time,Ecological beneficiaries must not harm national interests and social public interests when using ecological products,and assume the obligation of reasonable use。Third is to clearly compensate the rights and obligations of the participants。Correction of horizontal ecological protection compensation participants refer to those who have not directly participated in the compensation relationship,But the subject that plays an important role in the operation of the compensation system,Including the government、Enterprise and Charity Organization、Third -party institutions, etc.。Government as compensation participants,It should give full play to the leading role,Regulate market order,Release policy bonus,Build a fund integration platform,Introduction to attract social capital。The public can pass the donation、Subscription and other methods participate in the compensation of the horizontal ecological protection。When a third -party agency is a compensation evaluation subject,It should be clearly clarified,A mechanism of accountability should be established for negligence or illegal acts。
Collaboration with the reform of the relevant ecological civilization system
First,The mutual promotion of the value implementation mechanism with the ecological product。On the one hand,Implementation of compensation for the expansion of horizontal ecological protection,Improve the value of ecological products,Improve the value implementation mechanism of ecological product。On the other hand,Accelerate the improvement of forestry carbon exchange、Green logo and other ecological products value implementation path,Improve the value level of ecological products,Development of compensation for feeding horizontal ecological protection。
2,Cooperation with the reform of the property rights system of natural resources。The legal system of horizontal ecological protection compensation compensation needs to be defined as the premise bet365 live casino games of clear natural resource asset property rights,Therefore, we must improve the natural resources asset property rights system,Clear government、Natural resource asset property relationship between enterprises and individuals,Establish a responsibility sharing mechanism between the main body,To ensure the reasonable allocation and transaction of ecological products in the process of compensation for horizontal ecological protection。
third,Compensation system with ecological damage、Society between the paid use system of natural resources。Compensation for horizontal ecological protection and ecological damage compensation、Parallel use of natural resources in the process of natural resources,It has a certain "compensation" for the ecosystem,But the "payment" behavior of different functions and properties, respectively。Pay attention to the role of different system functions on ecological protection,To "use a compensation、Damage compensation、Protection Compensation ",Ensure the scientific and consistency of the ecological civilization system。At the same time, we must also pay attention to the integration and expansion between different nature systems,For example, the introduction of horizontal ecological protection compensation in the ecological damage compensation system,Partially replaced the compensation of compensation with civil compensation,Reduce the cost from compensation to governance,Improve compensation efficiency and accuracy。
Fourth,Collaborative system with ecological protection and restoration。Ecological protection and restoration belongs to ecological protection,The ecological products produced by it belong to the horizontal ecological protection compensation object,Therefore, we must pay attention to the effective connection of the two systems,Make ecological products can complete value implementation through horizontal ecological protection compensation,Make sure the sustainability of ecological protection and repair。
(This article is the National Social Science Foundation General Project "Research on Natural Resources Utilization of Natural Resources Utilization in Green Development" (18BFX183) phased achievement)
(Author Unit: School of Law, Fujian Normal University; Marxist College of Fujian Normal University)
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