LI Rongguang    Law School

Abstract: With the rapid development of China's economy, the traditional land resources are becoming increasingly tense, so that the threat of resource exhaustion is imminent. People, therefore, to accelerate the process of the development of Marine resources in order to meet the growing demand of resources, but due to the disorder of Marine resources exploitation and the unrestrained use, serious damage to the ecological balance of the Marine environment. Although the Marine ecological compensation system has obvious advantages in protection of Marine ecological environment, but people in the real practice and to not give it the attention it deserves, so that the system in the Marine environmental restoration and protection not fully exert advantages of phase. In general, China's Marine ecological compensation system has some deficiencies in both legislative and practical application, which needs to be further improved. This article on the connotation and characteristics of the Marine ecological compensation system are discussed in aspects of analysis, and on the basis of absorbing the successful experience of abroad, points out the shortage of the system construction and practice of our country present stage, thus to provide reference for the improvement of the system of Marine ecological compensation. This paper will discuss from the following aspects. First of all, this article will clear legal connotation of Marine ecological compensation system, formulate relevant domestic scholars on the concept of cognitive and briefly list the related theoretical basis, with the Marine ecological compensation, highlight the particularity of Marine ecological compensation system and pertinence. Second, emphatically introduce the experience of the United States, Canada and Japan, the foreign typical countries on analysis the characteristics of the Marine ecological compensation system, because the three countries in terms of innovation and perfection of this system have achieved successful experience, achieved good effect; Insisting on the stone of other mountains, can attack jade's original intention, introduces the successful experience abroad to provide the reference for our country's future system design. Again, on the basis of the Marine ecological compensation system in national and local legislation practice of two aspects, and further analysis of the present situation, the lack of legislation, and the brief introduction and analysis of existing problems, further points out that the Marine ecological compensation system in such aspects as subject, standard, ways to improve. Finally, this paper will summarize the existing Marine ecological compensation system in China is insufficient, on the basis of reference foreign compensation system of quality ingredients, and put forward the countermeasures, which accords with the situation of our country in clear compensation subject, to carry out the compensation standard, improve the suggestion in aspects of compensation method, and tax law on environment, and puts forward some Suggestions on compensation funds. Only by properly solving these problems can China's Marine ecological compensation legal system be better implemented.

Read the article here:       海洋生态补偿法律制度研究_李荣光.pdf