Interpretation of the new law|Yang Zhaoxia: To improve the compensation mechanism for ecological protection, it is necessary to play the card of "coordinated advancement".
On April 10, the Regulations on Ecological Protection and Compensation (hereinafter referred to as the "Regulations") were promulgated and will come into force on June 1, 2024. What are the characteristics of the "Regulations," what guidance do they embody, and what work needs to be done to implement the "Regulations"? This reporter conducted an exclusive interview with Yang Zhaoxia, vice president of the Institute of Ecological Civilization of Beijing Forestry University and director of the Ecological Law Research Center.
Reporter:What is the background of the national financial subsidy mechanism, which stipulates the content of compensation for important ecosystems and ecological protection key areas by the central and local governments?
Yang Zhaoxia:In short, ecological civilization is a "pro-ecological" civilization. Civilization always means "progress" and "cultivation", as opposed to "backwardness" and "barbarism", therefore, if there is civilization without ecology, it is certainly not ecological civilization; on the contrary, if there is ecology without civilization, it is also not ecological civilization. It can be seen that ecological protection is the core content of ecological civilization, but ecological civilization is not the same as simple ecological protection, it requires the overall consideration of ecological environmental protection and economic and social development (industrial development and people's livelihood security are its focus), so as to achieve a "win-win situation" of developed production, better life and ecological improvement. The construction of ecological civilization requires us to compensate units and individuals who have made additional contributions and made special sacrifices while protecting the ecological environment, so as not to lead to poverty and injustice in order to protect the ecological environment, which is the legitimacy and necessity of ecological protection compensation.
It can be seen that ecological protection compensation is an important part of the construction of ecological civilization. Since the 18th National Congress of the Communist Party of China, the CPC Central Committee has always regarded the establishment and improvement of the ecological protection compensation mechanism as an important measure to build an ecological civilization, and has made overall plans and comprehensively promoted the reform of the ecological protection compensation system and related fields, and the work of ecological protection compensation in all aspects has been rapidly promoted. At present, in the field of ecological protection compensation, China has become the country with the widest coverage, the largest number of beneficiaries, the largest investment and the most outstanding contribution to protection, as well as the country with the fastest process of rule of law.
Reporter:The Regulations clarify and clarify the responsibilities of the government and its relevant departments in ecological protection compensation, and what leading role can the government play in ecological protection compensation?
Yang Zhaoxia:Although the Regulations on Ecological Protection Compensation stipulate three major mechanisms: vertical financial compensation, horizontal compensation between regions, and compensation through market mechanisms, the national financial subsidy mechanism stipulates the compensation content of the central and local governments for important ecosystems and key ecological protection areas.
Ecological products and services are typically public, and the compensation funds for ecological protection should be mainly the responsibility of government funds. For this reason, the state financial subsidy mechanism emphasizes the leading role of the government in ecological protection compensation, and the central and local governments have different responsibilities. Articles 4, 5 and 6 of the Regulations on Ecological Protection Compensation clarify and clarify the responsibilities of the government and its relevant departments in ecological protection compensation.
From this, we can see that the government can play a leading role in policy formulation and planning guidance, resource allocation and financial support, supervision and management and evaluation and assessment, information disclosure and social participation in ecological protection compensation, effectively guide and promote all parties to participate in ecological protection compensation, and ensure the continuous improvement and high-level utilization of the ecological environment.
Reporter:The source of funds for ecological protection compensation is a big issue, how do you evaluate the provisions on the compensation mechanism of the market mechanism in the legislation?
Yang Zhaoxia:Article 3 of the Regulations on Ecological Protection and Compensation clearly stipulates that ecological protection and compensation shall adhere to the leadership of the Communist Party of China, adhere to the combination of government leadership, social participation and market regulation, insist on paying equal attention to incentives and constraints, adhere to the principle of overall planning and coordinated promotion, and adhere to the principle of unification of ecological benefits, economic benefits and social benefits.
Articles 20 and 21 of the Regulations on Ecological Protection Compensation stipulate that the State shall give full play to the role of market mechanisms in ecological protection compensation, promote the market-oriented development of ecological protection compensation, and encourage enterprises, public welfare organizations and other social forces as well as local people's governments to participate in market-oriented compensation transactions, and carry out ecological protection compensation through the purchase of ecological products and services. Compensation through market mechanisms is not only funds, but also can be carried out through carbon emission rights, pollutant discharge rights, water rights, carbon sink trading, ecological industry development, ecological protection compensation funds, etc.
The market mechanism of ecological protection compensation is a necessary and useful supplement to the government mechanism, and has typical characteristics such as flexibility and autonomy. Through the market mechanism, the enthusiasm of all sectors of society can be effectively stimulated, the economic value of ecological resources can be better evaluated, and the ecological protection work can be more operable and sustainable. In addition, the market mechanism is conducive to opening up a new model for realizing the value of ecological products, promoting the development of ecological industrialization, effectively turning lucid waters and lush mountains into gold and silver mountains, and providing new economic growth points for ecological and environmental protection.
Reporter:Ecological protection compensation often crosses regions and river basins, what provisions do the Regulations make for horizontal compensation between regions?
Yang Zhaoxia:Chapter 3 of the Regulations on Ecological Protection Compensation sets up a special chapter to make detailed provisions on horizontal compensation between regions from four aspects: the establishment of cooperation mechanisms, the definition of compensation scope, resource allocation arrangements, and interest coordination mechanisms. First, the State encourages, guides, and promotes the establishment of ecological protection compensation mechanisms between ecologically beneficiary areas and the people's governments of ecological protection areas through consultation and other means; Second, inter-regional horizontal ecological protection compensation is carried out in areas such as the upstream and downstream, left and right banks, main and tributaries of river basins, areas where important ecological and environmental elements are located, and other areas with important ecological functions, water sources of major water diversion projects, and protected areas along the route. Third, the central and provincial governments can provide guidance and support for the implementation of inter-regional horizontal ecological protection compensation in key areas across provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts where ecological functions are particularly important; Fourth, to carry out inter-regional horizontal ecological protection compensation, the relevant local people's governments shall sign a written agreement and strictly implement it.
Reporter:Ecological protection compensation needs to coordinate relevant subjects, and we see that the "Regulations" issued this time highlight the principle of "coordinated advancement", what kind of orientation does this reflect?
Yang Zhaoxia: The idea of ecological civilization places special emphasis on the application of systematic governance thinking and holistic methodology. In this regard, the "Ecological Protection Regulations" emphasize "adhere to the overall coordination and promotion, and adhere to the unity of ecological benefits, economic benefits and social benefits".
First of all, the principle of coordinated promotion embodies the orientation of overall planning and seeking truth from facts. Ecological protection compensation involves the complex interest relationship between the protected area and the beneficiary area, and only by adhering to the principle of coordinated promotion can we take into account the interests of all parties and maximize the ecological, economic and social benefits in accordance with the requirements of interest balance.
Secondly, the principle of collaborative promotion embodies the orientation of collaborative governance and social co-governance. The principle of coordinated promotion emphasizes the integrity and systematization, which means that ecological protection compensation is no longer a single party, and all relevant subjects are required to play their respective roles in ecological protection compensation, forming a coordinated and coordinated work pattern. This orientation promotes the cooperation and coordination between the government, enterprises, the public and other parties, which is conducive to the formation of a win-win situation for all parties and promotes the smooth development of ecological protection.
Thirdly, the principle of synergistic promotion also focuses on improving work efficiency and achieving the desired results. Through the concerted efforts of all parties, we will jointly explore new cooperation models and technical means in ecological protection and compensation, avoid problems such as duplicate construction and waste of resources, improve the efficiency and effectiveness of ecological protection and compensation, and achieve the long-term goal of ecological environmental protection.
Reporter:At present, what are the connections between restorative justice, compensation for ecological and environmental damage and ecological compensation mechanisms?
Yang Zhaoxia:The common goal of restorative justice, compensation for ecological and environmental damage, and ecological compensation mechanism is to protect, restore, and compensate for the damaged ecological environment, and all belong to the ecological environmental protection system in a broad sense.
The introduction of restorative justice into the field of ecology and environment refers to the adoption of methods such as compensation for damages, multiplication and release, replanting and reforestation, off-site restoration, and labor compensation to supervise and urge the restoration of the ecological environment in light of the characteristics of different types of environmental cases such as civil litigation, administrative litigation, criminal litigation, and public interest litigation.
The core of compensation for ecological and environmental damage is to give specific public entities the right to claim compensation on behalf of the public interest of ecological environment. Both of them pay attention to the restoration and compensation liability of the responsible entity for ecological and environmental damage, and provide corresponding investigation and compensation mechanisms.
However, the Regulations on Ecological Protection Compensation clearly stipulate that ecological protection compensation refers to the incentive institutional arrangements for compensating units and individuals who carry out ecological protection in accordance with regulations or agreements.
Therefore, in contrast, positive incentives are the core of the ecological compensation mechanism, and reverse accountability is the essence of restorative justice and ecological environmental damage compensation.
Reporter:Are there any business opportunities for individuals and organizations, and what legal requirements should be followed?
Yang Zhaoxia:Ecological protection compensation can take the form of financial compensation, counterpart cooperation, industrial transfer, talent training, joint construction of parks, purchase of ecological products and services, etc., which provides many business opportunities for individuals and units. First of all, the ecological compensation mechanism involves diversified fields, covering environmental monitoring, ecological restoration project construction, environmental restoration governance and other aspects, bringing broad business opportunities for enterprises providing related technologies and services.
This means working with professionals and individuals with extensive experience and technology to effectively restore ecosystems and ensure the health and stability of ecosystems. At the same time, individuals and units can participate in environmental technology innovation by developing environmental protection technologies and providing environmental protection products, so as to obtain business opportunities. Second, the state encourages and supports the organic integration of ecological protection and the development of ecological industries, and transforms ecological advantages into industrial advantages, and the market demand for ecological products may increase. This provides business opportunities for the development of eco-tourism, eco-agriculture, eco-construction and other related ecological industries.
In the work of ecological protection compensation, we should first follow the basic principles, main responsibilities, compensation standards, compensation projects, supervision and management stipulated in the "Ecological Protection Compensation Regulations". For example, those who fraudulently obtain ecological protection compensation funds by false means shall be dealt with and punished by the government and relevant competent departments in accordance with laws and regulations. The second is to follow relevant local regulations and plans. It is understood that the people's congresses and governments in many places have also formulated some local regulations and plans, and have made specific provisions and requirements for ecological protection compensation, such as the "Hainan Provincial Regulations on Ecological Protection and Compensation" and the "Guizhou Province's Chishui River and Other Eight River Basins Horizontal Ecological Protection and Compensation Measures". When carrying out ecological protection compensation work, it is necessary to refer to local regulations and planning requirements in accordance with the law to ensure compliance with relevant standards and requirements.
