The Study On The Water Dispute Settlement System Of China

This paper is mainly on the further systematic analysis and study of the current status of water dispute settlement system, the conflicts between water disputes and other natural resources disputes, the legal effects of water dispute settlement system, the defects existing on water dispute settlement system, and the suggestions for improving the water dispute settlement system of our country.The first two parts of this paper discuss the characteristics of water disputes, analyze the water disputes and other natural resources conflicts, and point out that the conflicts between them are in fact the conflicts between rights, that is, to settle the conflicts between water disputes and other natural resources disputes is to settle the conflicts between rights. The third part of this paper gives a review of Chinese ancient water dispute settlement system and current water dispute settlement system. The forth part points out that the current water dispute settlement system of China has some drawbacks, that is, there isn't yet a standard-designed, scientifically-tight and integrate-coordinated water dispute settlement legal system. Concretely speaking, these drawbacks are showed in three aspects: the incongruousness between different water regulations, the incongruousness within one water regulation, and the unclearness of some law concepts. The last part of this paper analyzes the effective factors that cause the special phenomenon, that there are a lot of non-lawsuit approaches instead of lawsuit approaches to the water disputes in China, from political, economic, cultural, and legal organization aspects. This paper at last proposes four suggestions for improving water dispute settlement system of China as follows: First, China should construct and improve water dispute prevention system; second, we should improve our current water dispute settlement system legislation; third, we should improve China's administrative mediation mechanisms; forth, we should make full use of non-government organizations.