论利益衡平视域下生态补偿规则的法律形塑

On the Legal System of Ecological Compensation in the Context of Interests Balance

生态补偿是以环境损益补偿为形式,以利益诉求的全面协调与重新配置为内容的政策工具集,其本质在于通过公平分配权义达致利益衡平,实现环境时代生态利益增益和利益冲突最小化。由于政府治理与有效激励之间存在一定程度的拒斥与冲突,当前我国政府主导的生态补偿制度在形成和运行中遭遇了诸多现实困境。参与主体的单极化、激励机制的缺位和实施结果的公平性缺失,导致利益失衡与博弈失序进而引发社会公正议题。以权义平衡与协调为目标,通过完善生态补偿立法和政策决策机制、社会参与机制、激励制度等方式,可以实现对利益相关者的正向激励,彰显生态补偿的社会正义价值。

Ecological compensation is a kind of compensation about environmental profit and loss. The content of it is the interest coordination and reconfiguration. Its nature is to allocate rights and obligations equitably and it provides ecological services to increase ecological interest and minimize the conflict of social interests. Due to contradiction between governance and excitation, the formation and operation of the current ecological compensation has encountered many difficulties. The policy decision was centralized by government departments. It is characterized by the monopolarization of major participants, lack of incentive mechanisms and unfairness of implementation results. These elements lead to many social problems. It is suggested that the decision mechanisms, legislation supply, social participation and incentive system should be improved to solve these problems.