Legislative Research on Technology Compensation Mechanism During the Construction of Chinese Marine Ecological Protection Compensation System

摘要

The marine environmental protection law of China has pinpointed the goal for the country to establish marine ecological protection compensation system. Nevertheless, the question of how to establish this system and what protective mechanisms it should contain has not yet be ascertained. Therefore, it is necessary to conduct the research from the basic jurisprudence of marine ecological protection compensation system and establish the basic principle for the construction of the system. Meanwhile, on the basis of present mechanisms, such asthe evaluation for value loss of marine ecology, governmentalfinancialtransfer payment, the fund-raising for marine ecological compensation and the incentive for marine ecological protection, it is also important to propose the technology compensation mechanism aimed to protect and administer the marine ecology since the mechanisms mentioned above have a bias towards the economic compensation. Technology compensation mechanism regards the marine ecological system itself as the target for compensation, and it can avoid the demerits arising from nowadays mechanisms which only allocate rights and obligations between the relative people. Additionally, the technology compensation mechanism is established on the theory of Ecocentrism by taking the protection of the marine ecological value as its direct goal, which is in accordance with the sustainable development put forward by China in order to build the harmonious relationship between mankindand nature.