关键词: 流域生态保护补偿;生态补偿立法;法律性质;补偿标准;

Abstract: Watershed ecological compensation is an important system to solve the problem of watershed ecological environment justice and adjust the interests of all parties in the watershed.The theory and practice of watershed ecological compensation in China have accumulated some experiences，but the realization of its institutional function is inseparable from the norms and guarantee of law.At present，the legal regulation of river basin ecological compensation is still a weak link，such as policy-oriented legislation dominating for a long time，unclear legal nature of watershed ecological compensation，unclear legal standards and so on.To strengthen the legal regulation of river basin ecological compensation，we should optimize the legislative path under the two-way interaction mode of policy and law，clarify the legal system positioning of compensation for the behavior of increasing ecological interests，and determine a starting condition of compensation that is higher than the national water environment quality standard.The improvement of the legal system provides support for the establishment of the long-term mechanism of river basin ecological compensation，and strives to be beneficial to the improvement of relevant contents of the regulations on ecological protection compensation being drafted.

Key words: watershed ecological compensation；legislation of ecological compensation；legal nature；compensation standard