生态环境法典中生态保护补偿的适用逻辑与规范展开OACHSSCD

The General Provisions of The Ecological and Environmental Code of The PRC establish a dedicated chapter on ecological protection compensation,clarifying a system composed of fiscal vertical compensation,regional horizontal compensation,and market mechanism compensation.This move,in terms of legislative arrangement,ends the theoretical debate over the"chapter affiliation"of ecological protection compensation and clearly expands its applicable scope to the entire ecological and environmental field of"pollution reduction,greening,and carbon reduction".In principle,ecological protection compensation is an incentive for"efforts beyond legal responsibilities",and it also includes exception compensation for"improvement actions".To optimize the ecological protection compensation framework characterized by"government-led and market-oriented operation",it is necessary not only to give full play to the foundational safeguarding function of fiscal compensation,but also to activate the advantages of market-based compensation in resource allocation.This may be achieved by establishing tiered compensation standards,creating interprovincial horizontal ecological compensation guidance funds,and building a centrally led consultation and dispute-resolution mechanism.These measures would further clarify the applicable boundaries between vertical fiscal compensation and horizontal regional compensation,promote the coordinated application of various compensation mechanisms,and thereby realize the standardized development of ecological protection compensation within the framework of The Ecological and Environmental Code of The PRC.