Research On The Legal System Of Paid Use Of Water Resources In China

Water resource is an important resource for human survival.However,the world is facing a severe water crisis,and China is one of the worst-hit areas.China's water resources present the situation of more people than water,water resources spatial and temporal distribution is not balanced,which seriously restricts the sustainable development of China's economy and society,in this regard,it is necessary to establish a strict and effective water resources system to solve this problem.The legal system of paid use of water resources is one of the important ways to realize the rational development and efficient use of water resources,an important means to alleviate the crisis of water resources,and the direction of water resources protection and development in the future.In recent years,all kinds of normative documents issued in China refer to the paid use system of water resources to varying degrees.Among them,the guiding opinions of the state council on the reform of the system of compensated use of natural resources assets owned by the whole people promulgated by the state in 2016 clearly pointed out that the system of compensated use of water resources should be improved.The opinions of the ministry of water resources,the national development and reform commission and the ministry of finance on the reform of the paid use system of water resources released in March 2018 even put forward relatively specific opinions on the improvement of the paid use system of water resources.The concept definition and theory of the legal system of paid use of water resources is the premise and foundation of constructing and perfecting this system.Through the analysis of the concepts of water resources and paid use,it is concluded that the legal system of paid use of water resources refers to a set of standard system for the state to charge and manage the individuals and units involved in the development and utilization of water resources.The existence of a system must have its theoretical basis.For the legal system of paid use of water resources,its theoretical basis mainly includes the theory of water rights,the theory of public goods and the theory of resource allocation.Water rights theory determines that the right to use water resources can be transferred by means of compensation.It is precisely because water resources belong to quasi-public goods and water rights can be transferred that the paid use of water resources can be realized,thus promoting the rational allocation of water resources.China has initially established a legal system for the paid use of water resources.Both the water law and the regulations on the administration of water licensing and collection of water resources fees more or less mention the paid use of water resources.However,it cannot be ignored that there are still many deficiencies in the current legal system of paid use of water resources,including:the water rights distribution system is not perfect;Unreasonable range of paid use;The price system for paid use is not sound;Paid use of supervision and management is not in place.The reason for these problems is that the laws and regulations are not perfect,the specific measures taken by relevant departments are not in place,and there is a lack of corresponding supervision mechanism.Based on the analysis of the current legal system of paid use of water resources in China,this paper puts forward constructive and feasible Suggestions for improving the legal system of paid use of water resources in China by combining the successful experience of foreign countries and the practical situation in China.Firstly,it is necessary to establish and improve the policy and basic principles of this system as a whole through legislation,laying a foundation for the next step.Establishing special legislation system of water rights transfer;Clarify the relationship between fees and taxes,improve the tax regulations.Secondly,while improving the legislation,it also puts forward corresponding solutions to the deficiencies of specific systems,so as to comprehensively promote the reform of the legal system of paid use of water resources in China.To reasonably define the scope of paid use of water resources;Improve the price system for paid use;We will strengthen supervision and management of paid use.Through the above improvement measures,a legal system for the paid use of water resources with clear rights,improved rules,effective supervision and the implementation of rights and interests should be established to contribute to the development of paid use of water resources,so as to realize the unification of the development and utilization of water resources and the protection of ecological,economic and social benefits.