Establish the basic system rules for ecological protection compensation
The "Regulations on Ecological Protection Compensation" (hereinafter referred to as the "Regulations") were recently promulgated and will come into force on June 1 this year. The "Regulations" consolidate and expand the provisions and requirements of the CPC Central Committee and the State Council on ecological protection compensation, as well as effective experience and practices, in the form of comprehensive and basic administrative regulations, and establish the basic system rules for ecological protection compensation. On issues related to the "Regulations," responsible persons of the Ministry of Justice and the National Development and Reform Commission answered questions raised by reporters.
Reporter: Please briefly introduce the background of the promulgation of the Regulations.
A: The compensation system for ecological protection is an important part of the ecological civilization system. At present, China has basically built an ecological protection compensation mechanism with the world's widest coverage, the largest number of beneficiaries and the largest investment, covering forests, grasslands, wetlands, deserts, oceans, water flows, cultivated land and other ecological and environmental elements, and has made significant progress in cross-regional and cross-basin ecological protection compensation pilots.
While China's ecological protection compensation work has achieved remarkable results, there are also some problems, such as limited compensation coverage, insufficient focus, weak rewards and punishments, and difficult coordination of relevant subjects. From the institutional perspective, the relevant institutional norms of ecological protection compensation are scattered in some documents, laws and administrative regulations, and it is urgent to formulate a basic and comprehensive administrative regulation.
The National Development and Reform Commission submitted a draft for review to the State Council on the basis of in-depth investigation and research, extensive listening to opinions, and soliciting opinions from the public. The Ministry of Justice solicited the opinions of relevant central departments and units, went to the field to conduct special investigations, and worked with the National Development and Reform Commission and other departments to revise and form the draft Regulations.
Reporter: What is the meaning of ecological protection compensation, and what are the ways of ecological protection compensation?
Answer: The "Regulations" clearly stipulate that ecological protection compensation refers to the incentive system arrangement for units and individuals who carry out ecological protection in accordance with regulations or agreements through financial vertical compensation, inter-regional horizontal compensation, market mechanism compensation and other mechanisms. 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, and other forms of compensation.
Reporter: What are the provisions of the "Regulations" in regulating financial vertical compensation?
Answer: First, the state shall compensate units and individuals who carry out the protection of important ecological and environmental elements, as well as units and individuals who carry out ecological protection in key ecological function areas, ecological protection red lines, nature reserves, and other important ecological function areas demarcated in accordance with the law, through financial transfer payments and other means. Second, for units and individuals that carry out the protection of important ecological and environmental elements, the central government will compensate them according to the classification of forests, grasslands, wetlands, deserts, oceans, water flows, cultivated land, etc. Third, the relevant local people's governments may establish a categorical compensation system in light of actual conditions, and increase the intensity of compensation for units and individuals that carry out the protection of important ecological and environmental elements. Fourth, the central government will arrange transfer payments for key ecological function areas, and gradually increase the scale of transfer payments in combination with financial resources. Fifth, the state shall establish and improve the ecological protection compensation mechanism of the nature reserve system with national parks as the main body. Sixth, the ecological protection compensation funds obtained by the local people's governments and their relevant departments shall be used in accordance with the prescribed purposes.
Reporter: What are the provisions of the "Regulations" on improving inter-regional horizontal compensation?
Answer: 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: What are the provisions of the "Regulations" on promoting compensation for market mechanisms?
Answer: First, the state should give full play to the role of market mechanisms in ecological protection compensation, promote the market-oriented development of ecological protection compensation, and expand the value realization model of ecological products; Second, the state should establish and improve the trading mechanism of carbon emission rights, pollutant discharge rights, water rights, carbon sink rights and interests, promote the construction of trading markets, and improve trading rules. Third, the state encourages and supports the organic integration of ecological protection and the development of ecological industries, and adopts a variety of ways to develop ecological industries under the premise of ensuring ecological benefits, so as to promote the transformation of ecological advantages into industrial advantages and improve the value of ecological products. Fourth, the state encourages and guides social funds to establish market-oriented ecological protection compensation funds, and participates in ecological protection compensation in an orderly manner in accordance with the law.
