Proposal and Normative Construction of the Legal System of Paid Use of Natural Ecological Space in the Form of"Ecological Vouchers"
The purposes of this paper are to justify the legal system of paid use of natural ecological space in the form of"ecological vouchers"and to construct the relevant norms.The research methods are normative analysis,comparative analysis and case study.The results show that:1)under the value of spatial fairness and justice,the"tax and fee"type system of paid use of natural ecological space is conducive to the conservation of natural ecological space,and to a certain extent equalizes the interests of natural ecological space.Due to the neglect of the value of natural ecological space security,the system still faces difficulties in the comprehensive protection of natural ecological space interests,such as incomplete coverage of subjects,mixed interests,lagging compensation,and relief that deviates from the goal of the claim.2)Influenced by the value of ecological security,the concept of natural ecological space benefit equilibrium has shifted from"minimizing damage"to"zero depletion".In conclusion,a legal system of paid use of natural ecological space in the form of"ecological vouchers"should be implemented,parallel to the resource tax and fee system,and synergized with the eco-compensation and carbon trading system,to guarantee the security of natural ecological space and comprehensively balance the interests of natural ecological space.In the construction of the specific system,it is necessary to adhere to the concept of power constraints and rights protection,to clarify the legal attributes of the ecological vouchers,and to discover the power and rights norms under the paid use of ecological vouchers.In addition,it is suggested to clarify the right of occupying the natural ecological space,to recognize and reasonably allocate the interests of the natural ecological space,to set up the specific payment obligation for the occupying of the ecological space,to clarify the boundaries of the rights,to strengthen the cultivation and implementation of the"ecological vouchers"trading market,and to improve the key procedures for the operation of the system.
paid use system of natural ecological spaceecological voucherssafety value of natural ecological spacenatural ecological space interestsbalance of interests
万方数据
