南水北调中线水源地生态补偿机制的制度保障研究——以秦岭地区陕南三市为例

Research on Institutional Guarantee of Ecological Compensation Mechanism for Water Source Area of the Middle Route Project of the South-to-North Water Transfer:Taking the Three Cities of Southern Shaanxi in Qinling Area as Examples

南水北调工程的运行不仅有效缓解了京津冀水资源短缺的局面,而且极大改善了沿线河湖的生态环境,生物多样性恢复明显。作为中线调水工程的陕南三市为保证供水的Ⅱ类水质,关停了大量企业,实施了生态移民和生态环境修复工程。根据“谁受益,谁补偿”的生态补偿基本原则,当前南水北调中线工程的生态补偿机制初步建立,但是补偿主体不明、补偿范围不确定、补偿方式单一化以及补偿标准的依据模糊,导致作为南水北调中线工程主要水源地的陕南三市政府、企业和居民等并未获得与其贡献相当的补偿。明确生态补偿关系的主体及其权利义务(生态补偿的范围)、建立生态利益的科学评估方式,在此基础上,建立生态补偿机制的法律保障是公平合理解决当前南水北调生态补偿问题的有效路径。

The operation of the Middle Route of the South-to-North Water Transfer Project has not only effectively alleviated the water shortage situation in the Beijing-Tianjin-Hebei region,but also greatly improved the ecological environment of the rivers and lakes along the route,and the biodiversity has been restored significantly.As a middle-line water transfer project,the three cities in southern Shaanxi have shut down a large number of enterprises to carry out ecological immigration and ecological environment restoration projects in order to ensure the quality of water supply.According to the basic principle of ecological compensation of“who benefits,who compensates”,the current ecological compensation mechanism of the South-to-North Water Diversion Project has been initially established,but the compensation subject is unknown,the compensation scope is uncertain,the compensation method is simplistic,and the basis of the compensation standard is vague,resulting in the use of the South-to-North Water Diversion Project.The governments,enterprises,and residents of the three southern Shaanxi cities,which are the main water sources of the Mid-Line Project,have not received compensation equivalent to their contributions.Legislation could be adopted to clarify the legal entities of ecological compensation and their rights and obligations(the scope of ecological compensation),and establish a scientific assessment of ecological benefits.The legal system of ecological compensation is an effective way to solve the current problem of ecological compensation in the South-to-North Water Transfer Project in a fair and reasonable way,and it is urgent to establish the legal guarantee of ecological compensation.