Economic Measures and Related Problems in Maritime Management

开展海域管理的经济手段及其存在的问题是我国海域有偿使用制度的主要工作。文章分析了海域有偿使用的各项制度,针对现存的海域使用金、海洋工程排污收费、海洋倾废收费、海洋生态补偿及海域转让金等经济手段,根据现阶段各科经济手段存在的问题,从收费标准、评估方法、市场化配置、执行情况等方面进行分析,进一步理清各科手段的性质,为完善我国海域管理经济手段提供支持。Economic measures and relative issues are the main work of the paid use system in maritime management.This paper studied various paid use systems of sea area.Aiming at the problems of economic measure at present stage,such as the charge for sea area utilization,the pollution charge of oceanographic engineering,the charge of ocean dumping,ocean ecological compensation and transfer payment of maritime space use,the paper made analysis from different point of view including charge standard,method evaluation and marketing allocation,which further figured out the role of every economic measure and provided support to improve and perfect maritime management.海洋工程和海上溢油生态补偿/赔偿关键技术研究示范(#201105006

Study on the Scientific and Legal Basis of Ecological Damage Compensation

生态补偿是协调经济发展与环境保护的有效经济手段,在中国得到了广泛重视。由于受到学科范畴的限制,学术界和管理界对生态补偿的内涵、经济性质和法律性质还存在许多争论,关于生态损害的科学含义及与之对应的补偿与赔偿的法理基础尚有待完善。本文旨在梳理生态补偿的相关术语,探讨生态损害及损害补偿与赔偿的科学含义、法理差异及法律制度,从而为我国进一步开展生态补偿的理论研究和实践提供参考。论文首先从环境管理、环境经济学以及法学三层面对生态补偿的内涵进行分析,并在探究生态补偿实践的演变历程的基础上,提出生态补偿至少包含生态保护补偿、生态损害补偿与生态损害赔偿三个方面的内容;其次,文章对生态损害的科学和法律含义进行了辨析,提出:1)生态损害补偿中的生态损害是指人类活动对自由的自然资源的损害,即初级生态损害;2)从法学角度来看,生态损害可分为过错行为导致的生态损害、非过错行为导致的生态损害以及历史累积污染导致的生态损害;3)补偿与赔偿在法理上存在发生的基础、性质、承担责任的时间、承担责任的方式以及程序等方面的差别;4)在以上基础上,论文探讨不同行为造成的生态损害的责任方应当承担补偿/赔偿责任。第三,论文从归责原则、责任主体、补偿/赔偿范围、方式以及补偿/赔偿金额的计算等方面对建立和实施生态损害补偿与赔偿的法律基础和制度进行了论述与分析。最后,论文提出了完善生态损害补偿/赔偿制度的政策建议。As an effective and efficient economic instrument to balance the economic development and environmental protection, the ecological compensation has attracted broad attention and application in China.Nevertheless, there exist many arguments in academic and management communities about the connotation and economic and legal character of ecological compensation due to the different context in different disciplines.There is an urgent need to clarify the scientific implication of ecological damage and the associated jurisprudential distinctions between remediation(Buchang) and compensation(Peichang) to promote the implementation of ecological compensation.Therefore, the purpose of this paper is to explore the scientific implication, jurisprudential differences and legal regime of ecological damage and compensation based on the review of relative terms of ecological compensation, which then to provide references for further theoretical study and practice of ecological compensation in China.Firstly, the paper analyzed the connotation of ecological compensation from perspectives of environmental management, environmental economics and law, reviewed the evolution of ecological compensation practices in China, the paper and concluded that the ecological compensation should at least includes payments for ecosystem services(PES), ecological damage compensation and ecological damage claim.Secondly, this paper analyzed the scientific and legal connotation of ecological damage:(1) the ecological damage is the harmful effect to a free natural resource resulted from human activities, namely primary ecological damage;(2) the ecological damage can be categorized three groups, damage resulted from wrongful acts, non-wrongful acts and accumulative pollution from the perspective of legal theory;(3) the occurrence basis, legal nature, time and pattern of undertaking responsibility and the applicable law are different between the remediation and compensation; 4) the responsible parties should take the different liability according to the different acts.Thirdly, the paper discussed the legal basis and regime of establishing and implementing ecological compensation from the principle of liability fixation, the subject of the tort, the range and ways of compensation/ damage, the calculation of the amount of compensation/ damage, and so on.Lastly, the paper proposed policy suggestions of refining the current ecological damage compensation legal system.国家海洋局海洋公益性行业科研专项项目“海洋工程; 海上溢油生态补偿/赔偿关键技术研究示范”(#201105006

Ecological damage assessment and compensation of marine engineering: case study of Xinglin sea-crossing bridge,Xiamen

随着海岸带地区经济的发展、人口的增加和城市化程度的加快,日益增多的各类海洋工程已经或者正在损害海洋与海岸带生态系统为人类提供各种产品和服务的能力,严重威胁到人类健康和海洋经济的可持续发展。实施海洋生态损害补偿制度,即让生态损害责任方承担生态损害的全部成本,是解决海洋生态损害问题的有效途径之一。建立了海洋工程生态损害评估框架和生态损害补偿标准估算模型,并成功运用于厦门杏林跨海大桥的案例研究。结果表明,在2%的贴现率下,杏林大桥生态补偿标准为1739万元,远高于政府实际征收的补偿金额600万元。该评估框架信息需求量小,成本低且简单易行,在小规模海洋工程的生态损害评估与补偿方面有良好的应用前景。With fast economic growth,population increase,and urbanization in coastal zones,an increasing number of marine engineering projects have diminished or are diminishing the capacity of ocean and coastal ecosystems to provide goods and services for mankind,threatening the health of local populations and the sustainable development of marine economies.To prevent marine ecological damage and to ensure sustainable development in coastal regions,market-based incentives,such as marine ecological damage compensation( MEDC),have been introduced due to their high efficiency and flexibility.The basic premise of this approach is to make the responsible parties pay the full costs associated with the ocean space development activities,i.e.,the ocean users should pay the private costs as well as the cost of marine ecological damage,so that excessive development activities can be curbed.While there are many studies about the ecological damage and compensation of spills of oil or other hazardous substances,coastal reclamation or wetland drainage,there have been few attempts in the academic community to research the ecological damage of marine engineering such as the construction of a sea-crossing bridge and marine culture.In practice,marine engineering gets approval from the relevant government agencies,and pays fees for the use of sea areas,which may make them ignore ecological damage compensation.However,these damages are typically long lasting and have considerable cumulative effects on marine habitats andenvironment.Thus,the development of a framework for ecological damage assessment caused by marine engineering is urgently needed,to ensure the marine ecosystems been compensated.This paper presents a framework for ecological damage assessment and a model for the development of a MEDC standard.The value of ecosystem services in the affected sea area and the severity of damage to various ecosystem services in various sea area use patterns related to the marine engineering are systematically assembled in the established model.The established framework and model are employed in the Xinglin sea-crossing bridge,Xiamen.Results show that the ecological damage and therefore the ecological damage compensation of Xinglin sea-crossing bridge is 17.39 million yuan with the discount rate 2%.The amount of ecological damage is 12.76 million yuan even with a high discount rate,4%,which is far more than the amount of compensation,6 million yuan,which was actually imposed by local government.Xiamen municipality needs to re-examine its compensation standard to reflect the real damage of marine engineering and to ensure to collect enough money to restore the damaged ecosystems.国家海洋局海洋公益性行业科研专项项目“海洋工程和海上溢油生态补偿/赔偿关键技术研究示范”(#201105006

JUNO Sensitivity on Proton Decay p→νˉK+p\to \bar\nu K^+ Searches

The Jiangmen Underground Neutrino Observatory (JUNO) is a large liquid scintillator detector designed to explore many topics in fundamental physics. In this paper, the potential on searching for proton decay in $p\to \bar\nu K^+$ mode with JUNO is investigated.The kaon and its decay particles feature a clear three-fold coincidence signature that results in a high efficiency for identification. Moreover, the excellent energy resolution of JUNO permits to suppress the sizable background caused by other delayed signals. Based on these advantages, the detection efficiency for the proton decay via $p\to \bar\nu K^+$ is 36.9% with a background level of 0.2 events after 10 years of data taking. The estimated sensitivity based on 200 kton-years exposure is $9.6 \times 10^{33}$ years, competitive with the current best limits on the proton lifetime in this channel

JUNO sensitivity on proton decay p → ν K + searches*

The Jiangmen Underground Neutrino Observatory (JUNO) is a large liquid scintillator detector designed to explore many topics in fundamental physics. In this study, the potential of searching for proton decay in the $p\to \bar{\nu} K^+$ mode with JUNO is investigated. The kaon and its decay particles feature a clear three-fold coincidence signature that results in a high efficiency for identification. Moreover, the excellent energy resolution of JUNO permits suppression of the sizable background caused by other delayed signals. Based on these advantages, the detection efficiency for the proton decay via $p\to \bar{\nu} K^+$ is 36.9% ± 4.9% with a background level of $0.2\pm 0.05({\rm syst})\pm$$0.2({\rm stat})$ events after 10 years of data collection. The estimated sensitivity based on 200 kton-years of exposure is $9.6 \times 10^{33}$ years, which is competitive with the current best limits on the proton lifetime in this channel and complements the use of different detection technologies