流域生态补偿的宪政分析

Analysis of the Basin Ecological Compensation from the Perspective of Constitutionalism

流域生态补偿政策的实施,对遏制流域水环境恶化起到了显著作用,但也逐渐暴露出一些问题。从试点情况看,为推动流域生态补偿机制的长效化,有必要将该机制的推动主体从行政机关转移到人大及其常委会;同时,为落实宪法保障公民财产权的规定,还应补偿为保护流域水环境而遭受损失的上游地区的居民或企业。这就需要合理划分中央与地方各自承担的生态补偿责任,并通过财政转移支付增强地方政府保护水环境的能力。

The policy of basin ecological compensation has achieved apparent effect on preventing water environmental deterioration. However, it has also emerged some problems. Through an analysis on the policy＇ s experiment, in order to promote its stabilization, it is necessary that the People＇ s Congress and its standing committee should play the more crucial role in the policy＇ s implementation rather than the administration. At the same time, to comply with the constitution＇ s provision about guaranteeing citizen＇ s property right, we should compensate residents and enterprises at the basin upstream because they undergo loss for protecting basin water resource. Therefore, it is essential that we ought to distinguish the compensation duty between central and local authorities, and reinforce the local government＇ s ability of protecting water environment through the financial transferring payment.