JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2015, Vol. 28 ›› Issue (4): 53-59.DOI: 10.13766/j.bhsk.1008-2204.2014.0149

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Legal Nature of Ecological Compensation

Huang Xisheng, Zhang Tianze   

  1. Law School, Beijing University of Aeronautics and Astronautics, Beijing 100191, China
  • Received:2014-04-10 Online:2015-07-25 Published:2015-07-23

Abstract:

Ecological compensation is an important way to balance the environmental rights and interests of the parties involved. Correct understanding of it helps the establishment of a better ecological compensation mechanism. Ecological compensation mainly refers to the economic benefits for ecological victims and maintainers from ecological beneficiaries or the ones who do ecological damage. The compensation includes two aspects: compensation and subjectivity. The former covers the administrative compensation and civil compensation,transfer of property and creditor's rights set and etc. The latter refers to the compensation, state-to-state compensation, the compensation, inequality between the main compensation and equality between compensation. At the same time, the ecological compensation legal attributes of external cost internalization and public welfare, regulation of the law itself. There are many levels of compensation such as mandatory, standardized, regional, legal effect, etc. This determines that the legal properties of ecological compensation are very broad and open.

Key words: ecological, compensation, legal nature, civil, administrative domain, scope of compensation

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