Abstract: The concept of ecological compensation is the basic premise of the relevant legislation，and also the logical starting point of legal research.This concept，as the product of specific policy practice and theory development in our country，needs to be guided by scientific epistemology，from diversified static research path to dynamic historical analysis.So far,the positive external behavior in ecological compensation,as is expressed in laws and policies and interpreted at the concept level,has won wide theoretical support,and is further considered to include compensation for the “limited development benefit” and other positive external behaviors.However,the “limited development benefit” is not regarded as the only focus to receive enough attention.Generally speaking,the present conceptual cognition is still at the stage of traditional epistemology to compensate the positive external behavior,which makes it difficult to distinguish all the behaviors that produce positive environmental benefit.The confusing definition in ecological compensation has led to the failure to interpret this concept and guide practice.Understanding,it is necessary to redefine the concept of ecological compensation and reveal its special existence value based on new theoretical foundation,the restricted right to use natural resources at the level of private law and benefit compensation being the core of it.This definition may illustrate the unique features of ecological compensation on the one hand,and on the other hand it can guide the practice of various compensations in our country.

Key words: ecological compensation, restriction of the right to use resources, private law