法学视阈下生态补偿概念之厘定

The Definition of the Concept of Ecological Compensation in the Law

生态补偿概念的界定,是生态补偿立法及制度建设所要解决的首要问题。生态补偿源于生态学,后进入社会经济领域,成为经济学、法学上的概念。然而,对何为法学上的生态补偿,众说纷纭,几无定论。对法学上生态补偿概念的界定,关键是要处理好生态补偿继受性内容与拓展性内容之间的关系。继受性内容是指对受干扰、破坏的生态系统进行修复、治理,拓展性内容是指对生态系统生态服务进行补偿,两者本质相通、目的相同,因此都应成为法学上生态补偿的根本内容。

The Definition of the ecological compensation is the most important issue of ecological compensation legislation and insti-tution building to be solved. The concept of the Ecological compensation originated from ecology, then entered into the social and eco-nomic fields and became the concept in the law. However, what is ecological compensation in law has not been concluded. To define the concept of ecological compensation in law, it is important to handle the relationship between successive and expansive content of ecologi-cal compensation properly. The successive content refers to restoring and governing the ecosystem which is disturbed and destructed, while the expansive content refers to the compensation for ecosystem services. Both are the same essentially and have the same purpose, so they should become the fundamental content of ecological compensation in law.