Research On Legal Issues In Water Resources Regulation

The rational use of water resources has always been a hot issue worldwide.China's water resources are scarce and unevenly distributed in time and space.However,China's legal system for water resources is not sound.Problems exist in the principles of water resources legislation and the integrated management of river basins.And water shortages have severely hindered China's economic development.Therefore,it is of great,practical significance to discuss the legal issues of water resources regulation.The research methods used in this paper are normative analysis method,document analysis method and comparative analysis method.This paper elaborates and analyzes the theoretical support of China's water resources regulation and the existing problems in the legal system for water resources.On the basis of inspection and reference from the experience of countries outside the region,this paper offers a sound path to further improve the regulation and better control China's water resources.In addition to the introduction and conclusion,this paper can be divided into four parts:The first part,on the basis of clarifying the scarcity of water resources in China,analyzes the theoretical basis and necessity of water resources regulation from the perspective of economic law.The second part is to analyze the relevant legal systems and specific typical cases of water resources regulation through the normative analysis method to understand the status quo of the legal system of water resources in China,and based on this,put forward the problems in the legal system of water resources in China.To begin with,there are problems of over-generalization of legislation,lack of local characteristics,and imperfect water resources market systems;second,there is a lack of coordination between river basin management and administrative management in law enforcement;third,there is the problem of cross-basin jurisdiction in the judiciary,and the lack of a sound environmental trial judicial team and an independent environmental litigation mechanism;finally,relevant legislation in legal supervision is needed,accountability procedures need to be perfected,and public participation should be enhanced.The third part is to analyze the related water resources legal systems of the United States,Australia,Japan,and Chile in an effort to solve the problems existing in China's water resources legal system.Hopefully,there are lessons for China to learn from them.In the fourth part,through analyzing the advanced experience of foreign countries and the existing problems in the legal system of water resources in our country,combined with the thought of water resources regulation,we put forward well thought out suggestions on the problems existing in the legal system of water resources in our country.The first is to refine legal regulations and improve local characteristics in legislation.At the same time,the legislation on water prices and water resources markets must be improved.Second,in law enforcement,it is necessary to improve water resources management institutions,strengthen the construction of law enforcement teams,and promote the realization of unified management of river basins.Third,we should establish environmental resources courts and improve the centralized jurisdiction system.And finally,in terms of water resources control,we need to improve the internal administrative supervision and external public supervision of water resources control,and improve the accountability mechanism.