生态补偿法律制度的理论考察与二元架构

生态补偿作为一个学术概念在国内最早提出于20世纪80年代,其研究领域的拓展经历了自然科学、经济学和法学三个重要阶段。文章认为当前生态补偿法学研究的核心应当是制度建设层面的问题,并具体分析了生态补偿法律制度的内涵和目的,进而探讨了生态补偿法律关系的主体和客体。文章结论指出国内生态补偿法律制度应当进行二元架构,在立法实践中同时设立"基础型"和"延展型"两种不同类型的生态补偿法律制度,以满足社会主体不同层次的生态服务需求。

A Theoretical Study of the Eco-compensation Legal System and the Establishment of Dual Structure

As an academic concept, Eco-compensation was first proposed in the 1980s by domestic scholars, and the development of its research area has experienced three important stages, including natural sciences, economics and laws. The paper argues that the core issue of the current law research in Eco-compensation is the establishment and improvement of legal system. In addition, it has analyzed the meaning, the purpose, as well as the subject and object of Eco-compensation legal system in specific ways.This paper concludes that the Eco-compensation legal system in our country should establish dual structure, that is to say, in order to meet the different levels of social subjects＇ ecological service demand, there should be two different types of Eco-compensation legal system, namely ＂basic type＂ and ＂extended type＂.