On Watershed Protection In China's Legal System Perfect, From The Huaihe River

Basin Management means to manage water resources and regard river basin as a unit. Implementing basin management of water resources has had an important effect on protecting basin water resources. At present, our country has already made some basin legislation correlated with basin management, has established the differentiated control in the seven major basins. However, basin water resources protection system in our country has not been set up effectively, manifesting in such as the gaps in the regulation, the administration system of river-basin management agencies still not agreeable, defects in executing environmental law, coordination in regional benefits not enough, so the water resources protection fail to be effective. Thus, to set up a sound regulation system, guaranteed by the law, to protect basin water resources and to overcome current regulation drawbacks by implementing system and criteria, have already been a top priority to water resources basin protection. This paper is divided into three parts altogether.Chapter one takes example for the management in Huaihe River, and sums up its achievements and shortages for ten years, by which it indicates some questions in our current basin protection system. It is mainly manifested in lacking legislation to pollution abatement, faint function of basin management agencies and deficient public participation system.Considering the peculiarity and fact of basin water resources in China, chapter two analyzes the theoretic bases of basin protection legislation, discusses the transformation and development of environment laws and expatiates directions of basin protection system reform. It has recommended some countries' better experience in the water resources protection of basins, including France, U.S.A. and attempts to use their advanced legislative experience for reference.Chapter three is on the basis of analyzing the legislative defects of basin water resources, putting forward relevant suggestions. First, set up the multi-level legislative system of basin water resources protection. Clarify legislative implementation system on the premise of unifying the basin legislation. Second, innovate basin management agencies by boosting up its functions. Build up whole basin consciousness and correspond all benefits of inner special basins. Third, improve the government decision-making mechanism and environmental management, define government responsibility and regulate government behavior. Last, perfect public participation system, extend approaches of public participation, establish people's environmental request right and consummate the system of environmental dispute resolution.