Study On Legal Mechanism For The Integration Of China Water Resources Development And Protection

The integration of water resources development and protection mainly refers to the integration of water resource exploitation and water environment protection.Water resources management includes the development and utilization of water resources and the protection of water resources.It is inseparable.Legal means is the most effective way to manage water resources,while China's legislation on the development and utilization of water resources and the protection of water environment are implemented separately,which is mainly embodied in the Water Law of the People's Republic of China and the Water Pollution Prevention and Control Law of the People's Republic of China and separates the intrinsic relationship between the two,and sets up the serious-two legal system of China's water law.In view of this,from the point of view of the integration of these two laws,this paper points out the problems existing in the above-mentioned legislative model and puts forward the viewpoint of constructing an integrated water resources development and protection legal mechanism.This article is mainly divided into four parts.The first part is an overview of the legal mechanism for the integration of water resources development and protection.First,the concept of "water resources","integration of water resources development and protection",and "integrated legal mechanism for the development and protection of water resources" are defined layer by layer.Second,based on the status quo of the development,utilization and protection of water resources in China,the author analyzed the necessity of establishing this integrated legal mechanism.Finally,described the theoretical basis from the perspective of integrated ecosystem methodology and sustainable development environmental ethics.The second part is the practical predicament of China's legal system related to water resources development and protection under the integration perspective.This part is the main part of this thesis.From the three perspectives of the goal,main body,and safeguards of water resources development and protection integration,it is analyzed the incompatibility between the Water Law of the People's Republic of China and the Water Pollution Prevention and Control Law of the People's Republic of China.The first is the lack of a unified legislative concept of water resources development and protection.Second,the division of the rights and responsibilities of water resources development and protection integration is not clear,mainly reflected in the field of water management,watershed management and regional management,water resources development planning and planning of water resources protection.Third,there is a lack of protection for the integration of water resources development and protection,including the incompleteness of coordination mechanisms,regulatory mechanisms,and legal liability systems.The third part is the legal provisions and reference for the integration of foreign water resources development and protection.This section mainly introduces the legal provisions for the integration of water resources development and protection in Japan,France,and Australia.It draws on successful experience from abroad,which provide ideas and methods for improving China's water resources development and protection legislation.The fourth part is the improvement of China's water resources development and protection integration legal mechanism,put forward some constructive suggestions to perfect.The first is to change the concept of legislation and establish an integrated legislative model for water resources development and protection.The second is to establish an integrated management mechanism for water resources development and protection integration,set up a special integrated water resources development and protection management department,coordinate the relationship between water resources development planning and planning of water resources protection,and realize the integrated management of water quality and quantity.The third is to improve the integrated protection mechanism for the development and protection of water resources from the aspects of improving the coordination mechanism,supervision mechanism and legal responsibility system.