The Research On Agriculture Water Conservation Legislation Of Our Country

Water, as the source of life, lifeblood of agriculture and the blood of industry, is a kind of fundamental and strategically natural resources which is irreplaceable. Therefore, it is one important component of the comprehensive national strength in China. Due to the significance of water resource, the global water crisis becomes more and more serious. In China, there is a prominent contradiction between water supply and demand: serious waste and low use efficiency of agricultural water, along with the insufficiencies of water-saving agricultural technology still exist in China. This paper attempts to explore the new water-saving technology used in agriculture from the aspect of law. In this way, the paper aims to find a relatively reasonable and fair distribution method to determine the rights and obligations among the society, country and users through the study of legal construction of water-saving agriculture, to achieve the standardization, democratization, marketization of the management on water-saving agriculture, to solve the problems that couldn't be solved through technological innovation in saving water in agriculture, to improve agricultural water-use efficiency, and lastly to guarantee the sustainable development of agriculture and economy.The paper proposes the necessity of legal construction of agricultural water saving through documentation reading, experts interviewing, comparative study and the resultant and analytical method from the points of the construction of water-saving society, construction of harmonious society, sustainable development of agriculture and the construction of legal state. It also analyzes the feasibility of the legal construction of agricultural water saving from the points of policy circumstance, law foundation, realistic foundation and the introduction and popularization of water-saving experience at abroad. Based on the theories of philosophy, ethnics, law, economics, this article explores the cause of low efficiency and serious waste of agricultural water, such as the users'weak consciousness on water saving, the irrational management system in irrigation district, the deficiency of market distribution system of agricultural water resource, the lacking of scientific study and popularization of agricultural water-saving technology, and the imperfect agricultural water-saving legal system. And it generalizes the indeterminacy of water proprietary, the irrationality of the water price, the imperfect of agricultural water scientific research and exploitation system, the imperfection of legal system, the lack of legal safeguard system, the imperfection of public participation system, etc. Finally, this paper proposes the value objectives of justness safeguard, safety promotion, efficiency improvement and justice achievement in the legal construction of agricultural water saving. Two principles of combination of macro-control, market regulation and public participation, and also the integration of feasibility and economical rationalization in legal construction are raised,too. Meanwhile,this paper gives some advice in the legal construction of agricultural water saving which is expected to the promotion of that work, including constructing a harmonious regulation system of agriculture water consuming, strengthening agriculture water property right construction, formulation agriculture saving water rule ,optimizing the agricultural price system, perfecting agricultural water system, The establishment public participates in the system.