The Legal Dilemmas of "Ecological Vouchers" in Environmental Regulation Compensation and Their Solutions

Jianxing Xie

doi:10.47297/wspelWSP2515-824406.20261001

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The Legal Dilemmas of "Ecological Vouchers" in Environmental Regulation Compensation and Their Solutions

Volume 10, Issue 1

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The Legal Dilemmas of "Ecological Vouchers" in Environmental Regulation Compensation and Their Solutions
The Legal Dilemmas of "Ecological Vouchers" in Environmental Regulation Compensation and Their Solutions
Department of Electrical Engineering and Automation, Linyi University, Linyi, Shandong, 276002, China
Vol. 10, Issue 1, Pages: 32-36(2026)
Online First：04 August 2026，

Published：30 March 2026
DOI：10.47297/wspelWSP2515-824406.20261001
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Xie Jianxing.The Legal Dilemmas of "Ecological Vouchers" in Environmental Regulation Compensation and Their Solutions[J].Elder Law,2026,10(01):32-36.
DOI：

Xie Jianxing.The Legal Dilemmas of "Ecological Vouchers" in Environmental Regulation Compensation and Their Solutions[J].Elder Law,2026,10(01):32-36. DOI： 10.47297/wspelWSP2515-824406.20261001.

摘要

Abstract

As an innovative tool that quantifies ecological conservation actions into tradable credits

ecological vouchers are gradually being integrated into China's institutional framework for territorial spatial planning and ecological compensation. However

their legal ambiguity has become a bottleneck hindering their effectiveness.This paper focuses on two core legal dilemmas surrounding ecological vouchers: first

the unclear legal characterization of ecological vouchers

which causes them to oscillate between private law transactions and public law regulation

triggering a series of chain reactions such as uncertainties in ownership definition and transaction security; second

the lack of effective judicial remedies for defaults in the redemption of ecological vouchers

as obstacles in applying the traditional civil liability system make it difficult to provide full and effective relief to rights holders.In response to these challenges

this paper proposes that

based on the dual nature of ecological vouchers as "regulated property

" a "contextualized" rights model covering the entire lifecycle—from "creation—holding—trading—redemption"—should be established.On this basis

the paper explores a judicial adjudication approach that emphasizes both "default prevention and diversified remedies." By introducing remedies such as specific performance and compensation for the loss of ecosystem service functions

and by leveraging the synergistic governance function of judicial recommendations

this approach systematically addresses the practical needs of the ecological voucher system.

关键词

Keywords

references

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