The Study On Legal System Of Water Benefit Compensation

With the development of economy and the growth of population, water problems affect social progress and become the important problem. It will be not benefit only in social fairness, but also to protect the ecological environment, if there is not enough water benefit compensation. Therefore, we must bow to establish reasonable, perfect the interests of water resources, and promoting the compensation system of ecological protection and recycling. Based on the previous studies of the existing legal system in China and analyzes, from the water resources in the specific ecological condition and social development level and social development needs of constructing China's legal system of water benefit compensation put forward Suggestions and ideas for our contribution to the protection of water resources construction industry.There are four parts in the article, the first part of the main source of construction is discussed the necessity of the legal system of compensation benefits and theoretical basis. Water benefit compensation is the requirement of market economy, but also guarantees the sustainable utilization of water resources. At the same time, establish the interests of water on the compensation system of both economic theories, also accord with the basic law. Sustainable development is our source of establishing and perfecting the interests of the compensation system of public resources goal, "tragedy", water resource scarcity theory is based on the real benefit compensation system, and fair principle is the country by law to protect the legal basis of water.The second part is the main source of our legal system of compensation benefit analysis. At present there is not a system of benefit compensation system, only some relevant regulations, scattered in the constitution and relevant laws and regulations. Since entering new century, in many places the active exploration, some places have issued local regulations. Throughout the legislation system, there are insufficient: the first is the lack of systematic and normative legal regulation; the second is lack of maneuverability, the principle of ecological compensation; the third is known defects still.The third part of the source of foreign legal system of benefit compensation was investigated. In recent years, most developed countries have adopted various effective means for the scientific management of water, this article first selection of successful experience, because the Japanese is a state of suffering consciousness, because of its limited resources decide on water resources protection and recycling, this crisis consciousness, we should learn the concrete methods of course more worthy of our reference, Then select the United States and Australia, for example the developed capitalist countries in the process of development through "after pollution management" for today's China detour extremely negative implications, Finally, it is because of its agricultural leading to determine its dependence on water resources and water protection of all of us, the agricultural country is of great significance.The fourth part is the source of constructing China's legal system of compensation benefits. According to Chinese specific conditions and research actuality, on the choice of mode in legislation, the author suggest both to give full play to the local legislation, also want to use policy autonomy for the flexibility of rigid and insufficient. In specific system design, the first is to determine the source of the principle of ecological compensation system, main body and object, standard and methods. Secondly, establish effective source of financing mechanism, interest compensating concrete can consider ways, one is the collection of water, the second is the perfect tax compensation fee, water is establishing a scientific and reasonable three financial transfer payment systems is established, the four source interests compensation fund, bond issuance is five.Our study and practice on benefit compensation is still at the beginning, our study also faces many problems and difficulties, but it will not hinder us in realizing the sustainable development of human society in the process of exploration and hard, because we don't want to see, "the last drop of mankind will be their tears."...