Ecological compensation under the overlapping of natural resources property right systems—An evidence from the water replenishment ecological function area of Yellow River,southern Gansu
With the deepening of ecological civilization construction,the cross-property rights issue in natural resources is becoming more and more prominent.Although the reform of the natural resources property rights system has been elevated to a national strategic level,the reform of the cross-property rights of natural resources is still in the exploratory stage,and there is a lack of corresponding regulations,which brings about a series of problems in the ecological compensation system.This paper analyzes the systemic root of the cross-property rights of natural resources,and argues that the regulatory characteristics of natural resource property rights under China's civil law system inevitably bring about the problem of"public domain of property rights",and due to the differences in the degree of property rights regulation for different uses of resources,the degree of property rights definition is also different,so,which is the reason in property rights system that caused problems such as dislocation,hidden"rent-seeking",resource value distortion in the process of ecological compensation implementation.By analyzing the data of 216 households in Yellow River water recharge ecological functional area,southern Gansu,it is found that there are some problems in different degrees,such as disputed property rights in the ecological compensation of grassland,the responsibility of the main body is not clear,the ecological compensation funds are misplaced,the compensation of the grass area and the actual area is not consistent,hidden"rent-seeking",the ecological protection responsibility subject is not clear after the land transfer with"mixed"property rights.And through empirical analysis,it is found that the above problems will further affect the residents'enthusiasm for ecological protection and their views on the fairness of ecological protection to different degrees,which will lead to ecological compensation disputes to a certain extent.This paper then proposes to strengthen the coordinated legislation on property rights of natural resources,to provide a legal basis for the use of eco-compensation funds for poverty alleviation and other purposes,to improve the corresponding legal and policy provisions to avoid the imbalance of interests brought about by"cut"compensation,and to supplement the corresponding regulations on eco-compensation related the land transfer,and other policy recommendations.
natural resource property rightproperty right overlappingecological compensation
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