契约治理下流域横向生态保护补偿的困境及制度完善OACHSSCDCSSCI

Against the macro background of promoting regional coordinated development in China,contract governance can effectively promote equal consultation and collaborative governance among multiple subjects,and thus become a common practice in horizontal compensation in watersheds.In the past decade,the number of horizontal compensation agreements signed in China's watersheds has rapidly increased.Compared with the practical needs of contract governance of horizontal compensation in watersheds,its institutional design is still lacking.Prominent issues such as unclear effectiveness of horizontal compensation agreements in watersheds,insufficient transparency of agreements,lack of public participation,and imbalance in the allocation of rights and obligations between upstream and downstream regions,all affect the effectiveness of the agreements.Based on the determination of the nature of horizontal compensation agreements,their legal effects should be clarified,internal and external effects of the agreements,as well as the effects of the agreements and the norms within the jurisdiction of the contracting parties should be distinguished.The agreements should also be incorporated into the scope of proactive disclosure of governmental information;the procedural norms of public participation should be stipulated;and benefit evaluation system of the agreements should be established in order to balance the rights and obligations between upstream and downstream regions.