Research On The Legal Mechanism Of Payments For Watershed Services

China is a country which gravely goes short of water resources, and the water resources in this country are not distributed evenly, but polluted seriously. In order to optimize the collocation of the water resources in such kind of situation, solve the problem of lacking fund in protecting water resources, and realize the goal of harmonizing the economic development and the environmental protection, China must establish the perfect and effective legal mechanism of payments for watershed services. However, from the practice of payments for watershed services in recent years, this kind of legal mechanism in China is still in the experimental stage, which is lack of effective and apt legal protection. Some regions contributed a lot in saving and reducing pollution of water resources, and sacrificed their own chances for progressing and countable profits didn't get sound payments, even get no payments. In this kind of circumstance, these regions couldn't find the legal and reasonable way to protect their own rights and interests,it will influence the impetus and incentive of the watershed service offerers in establishing and protecting environment in great extent. In addition, we still found the mechanism was run by policies in some regions, administrative interference was quite obvious and common, and the manner of payments was also quite single, furthermore, the amount of payments could not meet the cost paid by the service offering regions. It caused the unbalance of the service offerers'expenditure and income, eventually, these people will lose their passion in participating in environmental protection and construction. Although in some districts'practice, in order to get the"win-win"goal, service offerers and service offerees sign the agreement of payments for watershed services through negotiation. Unfortunately, this kind of agreement is not permanent, it can't eliminate the service offerers'worries of living and progressing forever, so it also can discourage their persistent enthusiasm in environmental protection and fathering. Consequently, Chinese recent legal mechanism of payments for watershed services is full of shortcomings and defects, we must research it earnestly and seriously so as to improve this legal mechanism and help it to exert its full positive function and effect on our society.This dissertation use the theory-analyzing method, example-analyzing method and comparison-analyzing method to comprehensively and thoroughly research the legal mechanism of payments for watershed services, and according to the structure of exordium---the summarization of the legal mechanism of payments for watershed services---the theoretical foundation of the legal mechanism of payments for watershed services---the introduction of running status quo and the analysis of defects of the legal mechanism of payments for watershed services in present China---the consummating suggestions of the legal mechanism of payments for watershed services---conclusion, the writer, based on the theories of payments for watershed services, neaten and evaluate the status quo and practice of the payments in recent China, provide the opinion and suggestion for general improvement of our country's legal mechanism of payments for watershed services, that is, reinforce the legislative protection, set up the relief system, establish the proper standards of payments, enrich the manners of payments, upbuild the perennially effective mechanism, harmonize the functions of government and market, and finally, hope to assist and contribute a lot to the construction and consummation of this legal mechanism in China.