中国人口·资源与环境2025，Vol.35Issue(12)：195-206,12.DOI:10.12062/cpre.20250906
论"生态银行"政策的法律化进路
Legalization of the "eco-bank" policy
摘要
Abstract
The"eco-bank"is a scientific mechanism developed under the promotion of ecological civilization.Its operation is based on the natural resource property rights system and serves as a specific method of market-based ecological conservation compensation and ecological product value realization.Given that the current regulatory framework of"eco-banks"exhibits strong policy path depen-dence,it is essential to advance the process of the legalization of this policy to achieve an equilibrium in the interaction between policy and law.From the perspective of legisprudence,"eco-banks"should adopt a legalization model focused on policy clauses,adhering to a justification framework where the legislative process prioritizes legality,while the policy process emphasizes both public accountability and scientific validity.However,an assessment of the conditions for legalizing the"eco-bank"policy reveals practical challenges in both legal and policy dimensions.In the legal dimension,although the"eco-bank"policy possesses inherent motivation for legalization,it lacks alignment with the external system of existing environmental law.This is manifested not only in difficulties integrating with the current environmental legal regulatory system—due to ambiguous legal positioning,unclear institutional roles,and conceptual inconsis-tencies—but also in the absence of systematic clarification,screening,and categorization,resulting in misalignment between various types of"eco-banks"and the established environmental legal framework.In the policy dimension,issues such as inadequate public par-ticipation,and a lack of compliance and purposefulness have weakened the policy process's ability to support the legalization process.To address these challenges,the legalization of the"eco-bank"policy should be advanced simultaneously from both legal and policy di-mensions.In the legal dimension,while strictly maintaining the boundary between law and policy,well-established"eco-bank"policy practices should be appropriately embedded into the existing logical structure of environmental law.A classification framework for"eco-banks"should be established that incorporates both departmental regulation and regional collaborative governance and integrates re-source utilization with ecological conservation functions,thereby providing a foundational framework and constraints for policy imple-mentation.In the policy dimension,it is necessary to continuously strengthen the public opinion foundation and scientific justification for the legalization of the"eco-bank"policy by improving public participation mechanisms and enhancing the policy's consistency with compliance and purposefulness.关键词
生态银行/生态保护补偿/生态产品价值实现/政策法律化/立法法理学Key words
eco-bank/ecological conservation compensation/ecological product value realization/policy legalization/legisprudence分类
资源环境引用本文复制引用
卿悦..论"生态银行"政策的法律化进路[J].中国人口·资源与环境,2025,35(12):195-206,12.基金项目
国家社会科学基金西部项目"宪法规范下环境法律体系化研究"(批准号:21XFX002). （批准号:21XFX002）
