中国西部生态补偿法律制度研究
发布时间：2018-11-27 09:20
【摘要】： 西部地区地处长江、黄河、珠江等大江大河的上游地区,具有丰富的资源和广阔的市场,既是中下游地区的生态屏障、水源涵养地,同时又是生态敏感和脆弱地区,对改善全国生态环境最具影响力。近些年来,由于自然、经济、社会、历史等原因,西部地区的生态环境不断恶化,形势相当严峻,西部地区作为全国资源及生态基础已受到严重损害。这不仅给西部地区经济和人民生活带来很大侵害和压力,而且也对全国经济社会的正常发展带来严重影响,西部资源及生态环境保护问题已成为中国经济社会及可持续发展的关键问题。然而,长期以来,西部地区向东部发达地区不断输出资源,承担生态破坏的成本,却没有得到相应的补偿或是得到的补偿远不及其付出,如果任由这种情况继续发展,必将使西部地区的环境保护事业缺乏公众的参与意识,催生为追求经济发展而牺牲环境的短视行为,从而导致西部乃至全国环境的恶化。因此,构建西部生态补偿法律制度势在必行。 生态补偿是20世纪50年代以来,一些国家和地区为了应对经济社会发展中存在的资源耗竭和生态破坏问题所尝试采用的一种解决手段,在平衡和协调经济社会发展与生态保护之间的紧张关系中发挥着积极而重要的作用。目前,不同学科领域的学者对生态补偿进行了不同角度的研究,但生态补偿在国内外研究尚处于早期阶段,还没有形成统一理论。在我国西部生态环境日趋严峻的形势下,从环境法律制度的角度对西部生态补偿进行研究,将会对西部生态环境的保护和社会的可持续发展具有积极的意义。 基于此,本文对生态补偿法律制度的一般理论和建立西部生态补偿法律制度的背景、必要性和可能性以及西部生态补偿法律制度的现状及完善的建议进行了论述。论文第一部分对生态补偿及生态补偿法律制度的一般理论进行概述,主要介绍了生态补偿和生态补偿法律制度的概念以及生态补偿法律制度的理论依据,最后对生态补偿法律制度的发展现状进行了探析;第二部分介绍了建立西部生态补偿法律制度的背景、必要性可能性;第三部分主要对我国西部生态补偿法律制度进行现状分析,以西部所实施的生态补偿法律制度实践的典型——“退耕还林还草”生态补偿政策为例,对此政策进行了详细的介绍,并进行了效果评价;第四部分是对西部生态补偿法律制度的健全和完善建议,明确了西部生态补偿法律制度的指导思想和基本原则,构建了西部生态补偿法律制度立法的体系框架,提出了西部生态补偿法律制度立法建议,确定了西部生态补偿法律制度的主体、对象、标准和方式,完善了西部生态补偿管理制度,并提出要建立西部生态补偿法律制度的约束机制。
[Abstract]:The western region is located in the upper reaches of the Yangtze River, the Yellow River, the Pearl River and so on. It is rich in resources and broad market. It is not only the ecological barrier in the middle and lower reaches, the water conservation area, but also the ecologically sensitive and fragile area. It has the most influence on improving the national ecological environment. In recent years, due to natural, economic, social, historical and other reasons, the ecological environment of the western region has been deteriorating, the situation is quite severe, the western region as the national resources and ecological basis has been seriously damaged. This not only brings great encroachment and pressure on the economy and people's lives in the western region, but also has a serious impact on the normal economic and social development of the whole country. The protection of resources and ecological environment in western China has become a key issue in China's economic, social and sustainable development. However, for a long time, the western region has been exporting resources to the developed areas in the east, bearing the costs of ecological destruction, but it has not received corresponding compensation or far less compensation than it has paid. If this situation is allowed to continue to develop, It will lead to the lack of public participation in the environmental protection in the western region and the short-sighted behavior of sacrificing the environment for the pursuit of economic development, thus leading to the deterioration of the environment in the western region and even in the whole country. Therefore, it is imperative to construct the western ecological compensation legal system. Ecological compensation is a kind of solution that some countries and regions try to adopt in order to deal with the problems of resource depletion and ecological destruction in the course of economic and social development since the 1950s. It plays an active and important role in balancing and coordinating the tension between economic and social development and ecological protection. At present, scholars in different disciplines have studied ecological compensation from different angles, but the study of ecological compensation at home and abroad is still in the early stage, and has not formed a unified theory. Under the increasingly severe situation of ecological environment in western China, the study of ecological compensation in western China from the angle of environmental legal system will have positive significance for the protection of ecological environment and the sustainable development of society in western China. Based on this, this paper discusses the general theory of ecological compensation legal system and the background, necessity and possibility of establishing the western ecological compensation legal system, as well as the present situation of the western ecological compensation legal system and the suggestions for its perfection. The first part of the thesis summarizes the general theory of ecological compensation and ecological compensation legal system, mainly introduces the concept of ecological compensation and ecological compensation legal system and the theoretical basis of ecological compensation legal system. Finally, the development of the legal system of ecological compensation is analyzed. The second part introduces the background, necessity and possibility of establishing the western ecological compensation legal system. The third part mainly analyzes the current situation of the legal system of ecological compensation in the west of China, taking the ecological compensation policy of "returning farmland to forest and grassland" as an example of the practice of the legal system of ecological compensation in western China. This policy is introduced in detail and the effect is evaluated. The fourth part is to perfect and perfect the western ecological compensation legal system, clarify the guiding ideology and basic principles of the western ecological compensation legal system, and construct the system frame of the western ecological compensation legal system legislation. The legislative proposals of the western ecological compensation legal system are put forward, the main body, object, standard and method of the western ecological compensation legal system are determined, and the western ecological compensation management system is perfected. And put forward to establish the western ecological compensation legal system of restraint mechanism.
【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
本文编号：2360202
[Abstract]:The western region is located in the upper reaches of the Yangtze River, the Yellow River, the Pearl River and so on. It is rich in resources and broad market. It is not only the ecological barrier in the middle and lower reaches, the water conservation area, but also the ecologically sensitive and fragile area. It has the most influence on improving the national ecological environment. In recent years, due to natural, economic, social, historical and other reasons, the ecological environment of the western region has been deteriorating, the situation is quite severe, the western region as the national resources and ecological basis has been seriously damaged. This not only brings great encroachment and pressure on the economy and people's lives in the western region, but also has a serious impact on the normal economic and social development of the whole country. The protection of resources and ecological environment in western China has become a key issue in China's economic, social and sustainable development. However, for a long time, the western region has been exporting resources to the developed areas in the east, bearing the costs of ecological destruction, but it has not received corresponding compensation or far less compensation than it has paid. If this situation is allowed to continue to develop, It will lead to the lack of public participation in the environmental protection in the western region and the short-sighted behavior of sacrificing the environment for the pursuit of economic development, thus leading to the deterioration of the environment in the western region and even in the whole country. Therefore, it is imperative to construct the western ecological compensation legal system. Ecological compensation is a kind of solution that some countries and regions try to adopt in order to deal with the problems of resource depletion and ecological destruction in the course of economic and social development since the 1950s. It plays an active and important role in balancing and coordinating the tension between economic and social development and ecological protection. At present, scholars in different disciplines have studied ecological compensation from different angles, but the study of ecological compensation at home and abroad is still in the early stage, and has not formed a unified theory. Under the increasingly severe situation of ecological environment in western China, the study of ecological compensation in western China from the angle of environmental legal system will have positive significance for the protection of ecological environment and the sustainable development of society in western China. Based on this, this paper discusses the general theory of ecological compensation legal system and the background, necessity and possibility of establishing the western ecological compensation legal system, as well as the present situation of the western ecological compensation legal system and the suggestions for its perfection. The first part of the thesis summarizes the general theory of ecological compensation and ecological compensation legal system, mainly introduces the concept of ecological compensation and ecological compensation legal system and the theoretical basis of ecological compensation legal system. Finally, the development of the legal system of ecological compensation is analyzed. The second part introduces the background, necessity and possibility of establishing the western ecological compensation legal system. The third part mainly analyzes the current situation of the legal system of ecological compensation in the west of China, taking the ecological compensation policy of "returning farmland to forest and grassland" as an example of the practice of the legal system of ecological compensation in western China. This policy is introduced in detail and the effect is evaluated. The fourth part is to perfect and perfect the western ecological compensation legal system, clarify the guiding ideology and basic principles of the western ecological compensation legal system, and construct the system frame of the western ecological compensation legal system legislation. The legislative proposals of the western ecological compensation legal system are put forward, the main body, object, standard and method of the western ecological compensation legal system are determined, and the western ecological compensation management system is perfected. And put forward to establish the western ecological compensation legal system of restraint mechanism.
【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
【引证文献】
相关博士学位论文 前1条
1 刘俊霞;中国马铃薯国际贸易研究[D];西北农林科技大学;2012年
相关硕士学位论文 前2条
1 马晓文;退牧还草行政补偿制度相关法律问题研究[D];内蒙古大学;2011年
2 赵娜;论差别生态责任[D];山东科技大学;2011年
，本文编号：2360202
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