生态环境学报Issue(7)：1245-1250,6.
生态损害补偿与赔偿的科学及法律基础探析
Study on the Scientific and Legal Basis of Ecological Damage Compensation
摘要
Abstract
As an effective and efficient economic instrument to balance the economic development and environmental protection, the ecological compensation has attracted broad attention and application in China. Nevertheless, there exist many arguments in academic and management communities about the connotation and economic and legal character of ecological compensation due to the different context in different disciplines. There is an urgent need to clarify the scientific implication of ecological damage and the associated jurisprudential distinctions between remediation (Buchang) and compensation (Peichang) to promote the implementation of ecological compensation. Therefore, the purpose of this paper is to explore the scientific implication, jurisprudential differences and legal regime of ecological damage and compensation based on the review of relative terms of ecological compensation, which then to provide references for further theoretical study and practice of ecological compensation in China. Firstly, the paper analyzed the connotation of ecological compensation from perspectives of environmental management, environmental economics and law, reviewed the evolution of ecological compensation practices in China, the paper and concluded that the ecological compensation should at least includes payments for ecosystem services (PES), ecological damage compensation and ecological damage claim. Secondly, this paper analyzed the scientific and legal connotation of ecological damage: (1) the ecological damage is the harmful effect to a free natural resource resulted from human activities, namely primary ecological damage;(2) the ecological damage can be categorized three groups, damage resulted from wrongful acts, non-wrongful acts and accumulative pollution from the perspective of legal theory;(3) the occurrence basis, legal nature, time and pattern of undertaking responsibility and the applicable law are different between the remediation and compensation; 4) the responsible parties should take the different liability according to the different acts. Thirdly, the paper discussed the legal basis and regime of establishing and implementing ecological compensation from the principle of liability fixation, the subject of the tort, the range and ways of compensation/ damage, the calculation of the amount of compensation/ damage, and so on. Lastly, the paper proposed policy suggestions of refining the current ecological damage compensation legal system.关键词
生态补偿/生态损害/补偿与赔偿/环境责任Key words
ecological compensation/ecological damage/environmental liability分类
资源环境引用本文复制引用
饶欢欢,彭本荣,刘岩,郑苗壮..生态损害补偿与赔偿的科学及法律基础探析[J].生态环境学报,2014,(7):1245-1250,6.基金项目
国家海洋局海洋公益性行业科研专项项目“海洋工程和海上溢油生态补偿/赔偿关键技术研究示范” （）
