Legal Regulations On The Conflict Of Rights Related To The Water Resources Of Yangtze River Basin

Seeing that �Ecological Priority,Green Development� as the strategic orientation of the Yangtze River Economic Belt,the exploitation,utilization and protection of the water resource of Yangtze River should adhere to the principle of systemic and integrity,Planning and coordination the relationship between the exploitation,utilization and protection of the water resource of Yangtze River.Consequently,Form the pattern of the exploitation utilization and protection of the water resource of Yangtze River which is fit in natural law,economic law and social law.Howere,Subject to the traditational,discretization Rights theory,Combined with the development of the Yangtze River Economic Belt,the probability of conflict between the rights refer to the exploitation,utilization and protection of the water resource of Yangtze River is rIsing.In view of this,this paper attempts to start from methodology.On the basis of revealing confliction between the exploitation,utilization and protection of the water resource of Yangtze River,Refined the legal proposition.Then in-depth analysis the methodology cause�� Reductionist methodology.Further,pertinencetly put forward Holism methodology,and prove its superiority and connotation of law.Then,Under the guidance of the Holism methodology,Construction the new theory of Regulation on conflict of water-related rights in Yangtze river basin.Introduce the Value Ranking theory which is consistent with Holism methodology.Based on the new theory,Categorify the conflict of water-related rights in Yangtze river basin.Future,pertinencetly put forward Regulation on conflict of water-related rights in Yangtze river basin.The structure of this research is mainly composed of five chapters,as follows:The first chapters reveal the confliction between the exploitation,utilization and protection of the water resource of Yangtze River.Firstly,refine the rights which refer to the exploitation,utilization and protection of the water resource of Yangtze River.Secondly,Follow the logical of �confliction-confliction of rights � confliction of water-related rights�,Focus on the confliction of water-related rights,and reveal the Concrete representation.According to the functional dimension,value dimension and resource dimension(typical of the river basin),Classified the conflict of water-related rights in the Yangtze river basin.Thirdly,Excavate the direct cause of the confliction from three dimension: Incomplete construction of the water-related rights;Discrete configuration of the water-related rights;Limitation of the relationship between the water-related rights.Then,in-depth excavate the methodology cause�� Reductionist methodology.Lastly,Reveal the basic demands of the Regulation on conflict of water-related rights in Yangtze river basin from three dimensions: legal rationality;Ecological rationality;Risk rationality.The second chapters explore the the new theory of the Regulation on conflict of water-related rights in Yangtze river basin.Firstly,Further explore the rationality and limitaitons of the Reductionist methodology.In order to overcome the limitations of the Reductionist methodology,put forward the Holism methodology,and interpret its superiority and connotation of law.Secondly,Interpert the The connotation of the Value Ranking theory.Analysis of the fitness between the the Value Ranking theory and Regulation on conflict of water-related rights in Yangtze river basin.Based on the Value Ranking theory,clear and definite the value ranking of water-related rights in Yangtze river basin.Prominent the Ecological value.Lastly,Based on the Holism methodology and the Value Ranking theory,harmonious value and Safety value should be integrated into the construction of water-related rights,in order to crack Incomplete construction of water-related rights;The comprehensive model should be integrated into the configuration of water-related rights,in order to crack discrete configuration of water-related rights;Environmental legal relation theory should be integrated into the definition of the relationship between the water-related rights,in order to crack the Limitation of the relationship between the water-related rights.The third,fourth,fifth chapters separately discusses the conflict between Prevention and control of river basin water pollution and emission right;the conflict between Aquaculture right and Ecological water right;the conflict between shipping right and Hydropower utilization right.As follows:The third chapter discusses the typification of the conflict between Prevention and control of river basin water pollution and emission right��the conflict between the right to existence and development right;The conflict between the right to wade in the Yangtze river basin for life support function and the right to wade in the Yangtze river basin for economic function function.The Watershed typicality of the conflict between Prevention and control of river basin water pollution and emission right can be interpreted in two dimensions: Bureaucratic conflict is Watershed typicality;The core object of conflict�� Water environmental capacity,is very important.The mechanism of conflict perform as: there existing fracture between Prevention and control of river basin water pollution and emission right.Then,Prevention and control of river basin water pollution can't constraint emission right.The System requirements of Conflict resolution can be revealed.On this basis,combined with the new theory of the Regulation on conflict of water-related rights in Yangtze river basin,Put forward the Conflict resolution conception: Survival safety value priority.Then,put forward the corresponding System design��Monitoring system of water quality in the cross section of the Yangtze river basin.At last,Empirical analysis the Monitoring system of water quality in the cross section of the Yangtze river basin,reveal the problem and complete it.The fourth chapter discusses the typification of the conflict between Aquaculture right and Ecological water right��the conflict between the development rights;The conflict of wading rights in the Yangtze river basin.The Watershed typicality of the conflict between Aquaculture right and Ecological water right can be interpreted in two dimensions: Industry conflict is Watershed typicality;The core object of conflict�� Water volume,is very important.The mechanism of conflict perform as: According to the needs of their own development,different industries conduct discrete and fragmented operation on the controlled reservoirs in the river basin,which leads to the fragmentation and utilization of water volume in the river basin,resulting in conflicts.The System requirements of Conflict resolution can be revealed.On this basis,combined with the new theory of the Regulation on conflict of water-related rights in Yangtze river basin,Put forward the Conflict resolution conception: Coordination.Then,put forward the corresponding System design: The joint operation system of controlled reservoirs in the Yangtze river basin.At last,Empirical analysis the joint operation system of controlled reservoirs in the Yangtze river basin,reveal the problem and complete it.The fifth chapter discusses the typification of the conflict between shipping right and Hydropower utilization right�� the conflict between the development right and environmental right;The conflict between the water-related rights in the Yangtze river basin for economic function and the water-related rights in the Yangtze river basin for ecological function.The Watershed typicality of the conflict between shipping right and Hydropower utilization right can be interpreted in two dimensions: space conflict is Watershed typicality;The core object of conflict�� Water space,is very important.The mechanism of conflict perform as: With the establishment of the Yangtze river economic belt concept of �great protection and no development�,the demand for restoration and expansion of water ecological space has become increasingly prominent.As a result,the traditional fishery culture space has been squeezed and eroded,resulting in conflicts.The System requirements of Conflict resolution can be revealed.On this basis,combined with the new theory of the Regulation on conflict of water-related rights in Yangtze river basin,Put forward the Conflict resolution conception: Ecological priority.Then,put forward the corresponding System design: Ecological compensation system for the Yangtze river basin.At last,Empirical analysis the Ecological compensation system for the Yangtze river basin,reveal the problem and complete it.