【作者】 杜群； 陈真亮；

【Author】 DU Qun;CHEN Zhenliang;School of Law, Wuhan University;

【机构】 武汉大学法学院；

【摘要】 当前各地实践着的流域生态补偿兼具上下游"单向补偿"和"双向补偿"的特征,并有着从前者向后者发展的趋势。但是,当前流域生态补偿存在水质保护目标基准不明确、相应的法律后果错位等问题。流域生态补偿机制的构建应当与水质目标机制挂钩与衔接,根据水质目标控制的不同张力,以达到国家地表水环境质量Ⅲ类水质标准为基准,可分为"强制性水质"和"协议水质",分别对应水环境负外部性生态赔偿和水环境正外部性生态补偿。前者是法定的、"共同的"环境行政责任;后者是一种约定的、"有差别的"环境行政契约责任。应当强化流域跨界交接断面水质目标为共同环境行政责任,构建以"流域环境协议"为自愿遵守机制的流域生态补偿制度。更多还原

【Abstract】 Eco-compensation of river basin in local level has the characteristic of "unidirectional compensation" and " bidirectional compensation" between upstream and downstream, and there is a trend from the former to the latter. However, there are some problems in recent practices of eco-compensation, such as undefined protective objection, mismatched legal consequence, etc.. The construction of eco-compensation mechanism in river basin should be pegged to and linked up with the mechanism of water quality objective. Based on different tensions of the mechanism of water quality objective, water quality can be divided into two types of mandatory water quality and negotiatory water quality according to the class III of water quality standard, which is respectively corresponding to the negative externalities and positive externalities Ecological compensation of Water environment. The former is a kind of legal, "common" environmental administrative responsibility; and the latter is a kind of negotiatory, "differentiated" environmental administrative contractual responsibility. In the future, the water quality objective of transponder connecting section in river basin should be strengthened as the "common" environmental administrative responsibility, and the ideal eco-compensation of river basin may be constructed in accordance with the environmental agreement of river basin that performances as the voluntary compliance mechanism.更多还原