南京工业大学学报（社会科学版）2024，Vol.23Issue(3)：54-67,14.
契约治理下流域横向生态保护补偿的困境及制度完善
On Dilemmas and Institutional Improvement of Horizontal Ecological Protection Compensation in Watersheds under Contract Governance
摘要
Abstract
Against the macro background of promoting regional coordinated development in China,contract governance can effectively promote equal consultation and collaborative governance among multiple subjects,and thus become a common practice in horizontal compensation in watersheds.In the past decade,the number of horizontal compensation agreements signed in China's watersheds has rapidly increased.Compared with the practical needs of contract governance of horizontal compensation in watersheds,its institutional design is still lacking.Prominent issues such as unclear effectiveness of horizontal compensation agreements in watersheds,insufficient transparency of agreements,lack of public participation,and imbalance in the allocation of rights and obligations between upstream and downstream regions,all affect the effectiveness of the agreements.Based on the determination of the nature of horizontal compensation agreements,their legal effects should be clarified,internal and external effects of the agreements,as well as the effects of the agreements and the norms within the jurisdiction of the contracting parties should be distinguished.The agreements should also be incorporated into the scope of proactive disclosure of governmental information;the procedural norms of public participation should be stipulated;and benefit evaluation system of the agreements should be established in order to balance the rights and obligations between upstream and downstream regions.关键词
契约治理/流域横向生态保护补偿/公共利益/公众参与/效益评估分类
社会科学引用本文复制引用
彭峰,梁婧..契约治理下流域横向生态保护补偿的困境及制度完善[J].南京工业大学学报（社会科学版）,2024,23(3):54-67,14.基金项目
国家社会科学基金重点项目"长江保护立法研究"(19AFX023) （19AFX023）
