资源富集区生态补偿法律制度略论——以陕北能源矿区为例

Briefl Discussion on the Legal System of Ecological Compensation in Resource-Abundant Regions —An Example in Energy and Mineral Area of Northern Shaanxi

生态补偿是生态文明建设的重要途径,能有效化解资源富集区生态保护与资源利用之间的矛盾。陕北能源矿区作为能源矿产资源富集区,其生态保护与能源开发冲突的背后其实是生态利益与能源利益的博弈,而生态补偿法律制度是帮助破解这一困境的现实需要。陕北能源矿区虽业已开展生态补偿的试点工作,但其中存在着不少法律问题,根本原因在于生态补偿在矿区内还未上升到法律制度的层面。应该确立生态补偿的法律原则,理顺生态补偿的法律关系,促进生态补偿的地方立法,改革生态补偿的税费体制,以推动陕北能源矿区等资源富集区生态补偿法律制度建设。

Ecological compensation is an important method to construct ecological civilization and keep balance between ecosystem and natural resources. As an area with abundant natural resources and vulnerably ecological environment, Energy and Mineral Area of Northern Shaanxi has been taking some tentative measures of ecological compensation to balance the interests between ecology conservation and energy exploitation. Since ecological compensation has not been established as a kind of legal system in Energy and Mineral Area of Northern Shaanxi, the effect of its practice is not so evident and many legal problems still exist. To promote ecological compensation to be established as a kind of legal system in Energy and Mineral Area of Northern Shaanxi, the legal principals and legal relationships, the local legislation, the system of tax and fees about ecological compensation should be considered as essential elements.