《生态补偿条例》的制订工作从2010年就开始启动,但至今尚未出台,其中存在诸多亟需解决的问题,尤其是对于最基础的生态补偿的概念,在理论界与实践中产生了分歧,对立法工作造成了不小的阻碍。事实上,生态补偿并非法律领域的一个原生概念,对于生态补偿概念的考察应当从生态学和经济学的角度出发,考察其含义的历史演变,揭示其理论基础,并从法律制度建构的视角对生态补偿的概念作出应然解释。 The formulation of “Ecological Compensation Ordinance” started from 2010, but it has not yet been promulgated. There are many problems to be solved urgently. In particular, the concept of the most basic ecological compensation has caused disagreements in the theoretical circle and practice, Caused no small obstacles to the legislative work. In fact, ecological compensation is not a native concept in the legal field. The investigation of the concept of ecological compensation should examine its historical evolution from the perspective of ecology and economics, reveal its theoretical foundation, and from the perspective of legal system construction The concept of ecological compensation should be explained.