Research On The Adaptability Of Water Law In China Under The Background Of Climate Change

At present,the issue of climate change has become a global issue,posing severe challenges to the production and life of human beings.To cope with climate change,all resource fields need to improve the legal guarantee,especially water resources which is closely related to the production and life of human beings.At present,there is a heated discussion on adaptation legislation to cope with climate change,and the adaptability of water law has been put on the research agenda.Although the adaptation theory of climate change has also considered the uncertainty of climate change and its coping strategies,it tends to focus on vulnerability and emphasize the building of adaptation capacity.Based on this perspective,the adaptability of water research mainly focus on the existing water system from the macro whether considering the factors of climate change,whether the water problems of climate change to pay the full response,such as climate change information monitoring,forecasting and early warning,emergency of extreme weather events,resettlement and reconstruction after a disaster,climate disaster insurance system whether has set up a sound.From the perspective of climate change,this paper analyzes the adaptability and non-adaptability of China’s current water law system by interpreting the connotation of "adaptation",and proposes corresponding measures--aiming at the improvement of existing water law and the establishment of new adaptive system.The first part: adaptation to climate change--from strategy to system,it illustrates that the current situation of climate change has a great impact on China’s water resources and water system by summarizing the vulnerability of water system,and measures are urgently needed.Through the analysis of "adaptation" from the basic strategy in international conventions to the legislative track of the transition,summed up its gradually become the legal department of the line.By analyzing the "adaptation" provisions of the convention and the adaptation actions taken by international organizations under the guidance of the adaptation concept in the convention,and referring to the adaptation laws and actions of some countries,the necessity of China’s adaptation legislation to cope with climate change is put forward.The second part: the adaptability evaluation of water in our country,through to the current system of water and analysis of the current law of adaptation and adaptability,the continuation of its adaptability is embodied in the concept of sustainable development,initially established a system of water resources planning and water resources management system,the implementation of the inter-basin water transfer project,etc.,to adapt to the system in the water content in China,although the current system of water has a relatively clear and the framework of relatively complete,but the legislation is still in the field of the missing,part of the law,it is necessary to update the legislative concept also need to strengthen legislation technology level.This deficiency is firstly manifested as the absence of the concept of safety and equity,and the lack of adaptive legislative principles to guide it.Secondly,it is manifested as the deficiency of prevention and control system in water law,the imperfection of planning,evaluation,monitoring,early warning and other systems,as well as the imperfection of relevant laws and regulations that are conducive to planning,evaluation,monitoring and early warning system.Thirdly,the lack of relevant supporting legal system makes the adaptation system imperfect and the lack of infrastructure support,which is not conducive to the improvement of China’s ability of water resources to adapt to climate change.The third part: to improve the way of the adaptability of water law in our country,starting from the inadaptability of water law mentioned in the second part,to further discuss the adaptability of water law,and to put forward some Suggestions in the aspects of principle and system.Firstly,the adaptability improvement of water law should follow the general principles of environmental protection,such as sustainable development and the priority of the most vulnerable groups.Then,in view of the particularity of climate change,both adaptation and mitigation should be paid equal attention to,and international exchanges and cooperation on water resources protection should be strengthened.In terms of specific system construction,the existing management system in water law is improved to clarify the definition and management of water rights in the market economy.We should improve the current inter-basin ecological compensation system and broaden the scope of the main body and the way of compensation.Finally,under the macro background of climate change,based on the construction of international adaptation system,based on the reality of China’s water resources,this paper proposes the construction of watershed adaptation system,disaster emergency management system and climate fund management system,so as to achieve the relative perfection of China’s water resources legislation to adapt to climate change.