Research On The Utilization Right Of Water Resources Under The Concept Of Green Development

Water resources shoulder the dual responsibility of survivability and strategic resources,and have made important contributions to China’s economic and social development for a long time.Perfecting the right to use water resources is an important link to improve the property right system of natural resources in China,and is also one of the basic projects to achieve ecological protection and promote the construction of ecological civilization.However,there are many difficulties and deficiencies in the current construction of water resources use rights,which urgently need the guidance and promotion of new ideas and theories.As an important achievement of the localization of Marxism in China,the concept of green development is the inheritance and development of Marx and Engels’ ecological thought.It fully recognizes that the harmonious coexistence of man and nature is the source and wealth of development.Adhering to green development can provide a powerful theoretical guidance for solving the practical problems of water resources utilization right,reshaping its development direction and legal composition,and guiding the operation and protection of its rights.The system design of the right to use water resources under the guidance of the concept of green development should not only conform to the theoretical proposition of Marx and Engels’ ecological civilization,but also be based on the practical needs of China’s development,utilization and protection of water resources,organically and closely integrate utilization and protection,and respond to the call of the times for the construction of China’s ecological civilization system.The right to use water resources refers to the right of non owners to possess,use,benefit from and dispose of water resources.The subject of the right to use water resources has a multi-layer structure,and the relevant right subjects are established through the vertical administrative distribution and the water intake permit system.Water resources have the functions of resources and ecology,and can fully meet the diversified interests of human needs.It is appropriate to take water resources as the object of property rights.The right content of the right to use water resources needs to be realized through possession,use,income and disposal of water resources to a certain extent,in which obtaining economic benefits is the main purpose of the exercise of the right.At the same time,priority must be given to the protection of ecological interests during the exercise of the right.With a view to the future,the right to use water resources should be a new real right of natural resources integrated with the concept of green development,which belongs to the scope of the right to use natural resources in China.The establishment and improvement of the water resources utilization right system should implement the concept of green development into the rules and requirements of specific rights operation and rights protection,and create good internal and external conditions for the sustainable utilization of water resources.We should deeply explore the legislative status quo of the right to use water resources,explore its practical difficulties and roots,abandon the debate on the concept of appellation,and focus on the development needs of practice.We should give full play to the functions of government and market,administration and law,clearly define their respective limits of authority,and achieve a win-win situation in ecological protection and sustainable use of water resources utilization rights through good division of labor and cooperation.In a word,the reflection and reconstruction of the right to use water resources under the concept of green development should not only safeguard the multiple interests carried by water resources,but also respond to and give priority to the protection of ecological interests;In addition,based on the integration and symbiosis of water resources as ecological environment elements and resource endowments,it is necessary to clarify the dialectical unity between rational development and utilization of water resources and the comprehensive,healthy and sustainable development of human society.