黄河流域生态补偿法律关系与制度完善

Elements of Legal Relationship of Ecological Compensation in the Yellow River Basin and the Perfection of the System

黄河流域的地理位置及生态环境问题有其自身的特点,适用于黄河流域的生态补偿制度从法律关系构成要素分析与其他生态补偿法律关系应当有所区别:补偿主体依照性质可划分为公主体和私主体,主体不同,权利义务内容也具有特殊性;补偿方式除生态补偿金外还应当结合产业扶持、技术补偿等多元化方式。构建黄河流域生态补偿法律制度体系,首先应当制定统一的《生态补偿条例》,其次出台《黄河保护法》并设置生态补偿条款,最后出台配套司法解释细化规定。

The geographical location and ecological environment of the Yellow River Basin have their own characteristics.The ecological compensation system applicable to the Yellow River Basin should be different from other legal relations of ecological compensation in terms of the analysis of the elements of the legal relationship.Compensation subjects can be divided into public subjects and private subjects according to their nature.Because the subject is different,the content of rights and obligations are also unique.In addition to ecological compensation,the compensation method should also be combined with diversified methods such as industrial support and technical compensation.To construct the legal system of ecological compensation in the Yellow River Basin,a unified Regulations on Ecological Compensation should be formulated first,followed by the introduction of the Yellow River Protection Law with ecological compensation clauses,and finally a supporting judicial interpretation for detailed regulations.