Research On Legal Issues Of The System Of Paid Use Of Water Resources

China's water resources are not in an optimistic state.Although the reimbursable usage of water resources has been set up for more than a decade,the effect is little.Water is the source of life,the ecological base and the need of production.Therefore,the third and fourth Plenary Sessions of the 18th Central Committee of the CPC and relevant policies put forth new requirements towards the water resources,one is to improve the reimbursable usage of water resources.In this context,this essay focuses on legal issue of the reimbursable usage of water resources.Based on the legislative status and practice of the reimbursable usage of water resources,the author analyzed with some cases to resolve the existing problems in our reimbursable usage of water resources and put forward some suggestions:first,improve water price system with foreign experiences;second,implement the dual mechanism combined with administrative allocation and market mechanism;third,establish ecological compensation mechanism of water resources to balance the interests of the basin,clarify the responsibility among various stakeholders.By implementing these measures,it can improve the efficiency of water usage to achieve the sustainable utilization and provide more protection for our descendants.This will do good for our economic development.The essay is consisted of introduction and four chapters in main body.The first section puts forward problems,introduces the implication and purposes,the current research status,research thoughts and methods,main creation and prospects,etc.The second section states the basic theories of the reimbursable usage of water resources and analyses the legal principle logics.First,the concepts of water resources and the reimbursable usage of water resources were established;second,the features of the reimbursable usage of water resources were explored;third,the establishment grounds and contents of basic principles of reimbursable usage of water resources were analyzed from material,economic and social perspectives,as well as the subject,the object and the nature of object;last;legal procedures of the reimbursable usage of water resources were combed based on "the Administration of Water Abstract Licensing and Collection of Water Resources Charges".The third section reviewed the legalization of the reimbursable usage of water resources system,analyzed the power bases for the system come into being,and set the goal of rational allocation of water resources and water resources efficiency improvement,analyzed the value orientation of reimbursable usage of water resources system and the importance of the reimbursable usage of water resources in water resources management from the legal,economic and ecological values.In the reimbursable usage of water resources system,three values are progressive,that is to take interests coordination as the foundation and protect the water ecological environment so as to promote the sustainable development of social economy.further analyzed the main measures for this system:administrative allocation and market system,and stated the advantages and deficiencies of them based on externality theories.The fourth section analyzed the current legislative status,main practices and the problems of this system through Dongyang-Yiwu water right transfer case,divert water from the south to the north project and the Yellow River water distribution project.further analyzed successful experiences of foreign water right transfer system and water price system and laid a foundation for the improved concept of the reimbursable usage of water resources system.The fifth section put forward the improved concept of the reimbursable usage of water resources system.Based on the foreign experiences and previous research,this section put forward improved suggestions from the current realities:first,to ensure the justice and equity while enforcing law by combing internal and external supervision,second,improve water price system to play a better role in regulating water resources consumption,combine administrative allocation and market mechanism to improve the water resources utilization rate,third,establish the interests in water resources ecological compensation mechanism coordination regions and drainage basins.