美国缓解银行制度对我国生态补偿市场化运行的启示

Mitigation Banking in the United States and Its Enlightenment for Market-Oriented Ecological Compensation in China

缓解银行是一种第三方补偿机制,是从自给自足的单用户模式发展而来的商业交易模式,在美国生态系统服务市场中具有一定的典型性。其交易主要是基于《清洁水法》第404条的许可证制度,开发者通过向缓解银行购买"信用"而将对湿地的补偿责任转移到缓解银行经营者身上。通过对缓解银行的发展历程和市场运作的回顾与分析以及多维度解读可以发现,在我国生态补偿市场化运行过程中必须意识到生态补偿市场化的渐进性,并需要制订严密的市场规则以促进生态系统服务产品市场的发展,还需要通过相关的法律制度构建来规避市场所带来的道德风险。

Mitigation banking, as a third -party compensation mechanism, is a business model evolved from self- sufficient single -user model, which is a typical approach adopted in ecological service market in the United States. This business model has developed upon the permit regime set out in Section 404 of the Clean Water Act. In this regime, developers buy credit from mitigation banks to transfer the legal responsibility of mitigation to the manager of mitigation banks. With the review and analysis on the development process and market operation of mitigation banks, it can be found that China has to be aware of the gradualness of market -oriented ecological compensation during its market operation. Besides, rigorous market rules need to be developed to realize the market supply of ecological products, and relevant legislative structure needs to be built up to avoid the moral risks brought from markets.