The Application Of The Method Of Essential Elements Quantification To Water Resource Legislation Of The Yellow River Basin

As for China, water resource deficiency and water degradation have increasingly become severe restrictions for the stable development of national economy, which is especially apparent in Yellow River Basin. The traditional mode of management by separate departments has completely been incompetent for the task to achieve the sustainable use of water resource, and it has been recognized that integrated river basin management for water resource is necessary. Therefore the water resource legislation with the idea of integrated river basin management of Yellow River Basin is imperative under the situation, whereas how to finish this job remains a big problem yet to be solved. The paper introduces "the Method of Essential Elements Qualification" and tries to apply the method to analyze and evaluate the relevant water resource management laws and instruments. So to get the legal and institutional profiles of water resource management of Yellow River Basin, as well as to realize the weaknesses of the current legal system, and then to put forward some advices on the water resource legislation of Yellow River Basin.The paper is accordingly divided into four Parts: introduction of the Method of Essential Elements Qualification, essential elements qualification analysis of the water resource management instruments relevant to Yellow River Basin, the evaluation of the legal and institutional framework of water resource management of Yellow River Basin and the suggestion on the water resource legislation of Yellow River Basin.In Chapter One, the core and basic steps of "the Method of Essential Elements Qualification" is introduced and how to apply the method is specifically analyzed, then the method as a comprehensive environmental law evaluation tool is justified, questioned and affirmed.Chapter Two is the process to apply the method to the current laws and instruments relevant to water resource management of Yellow River Basin. This part introduces the general situation of Yellow River Basin, determines the scope of laws and instruments which is need to be evaluated by examine River Basin Managementissues, and analyze the relevant laws and instruments by two levels of national and provincial.Chapter Three evaluates the whole legal and institutional framework of Yellow River Basin on the basis of the data and conclusions in the former Chapter. Afterdetailed interpretation of legal profiles, This part specifies the weaknesses and gaps in the current legal and institutional system.The last part, Chapter Four, basing on the analysis and evaluation in Chapter Two and Chapter Three, points out the deficiency and conflicts of the regulations of current legal system, and then makes some suggestions for the legislation of water resource of Yellow River Basin.