Across Districts Water Dispute Settlement Mechanism

This paper focuses mainly on further systematic analysis and study on water disputes and its settlement mechanism. In addition, the thesis sets out suggestions for improving water dispute settlement mechanism in our country.First, it elaborates the characteristics and causes of China's inter-SAR water disputes. To this extent, this article considers the inter-SAR water disputes as various contradictions and conflicts on water issues between two or more administrative regions incurring in development, utilization, management, water environmental protection, and water engineering activities. The main cause of water disputes is the desire to pursuit regional interests, the defects of the right to water mechanism, and the obstacle of institutional policy.Second, it elaborates the elements of water disputes settlement mechanism. This paper holds that the inter-SAR water dispute settlement mechanism is a system and method to relieve and eliminate inter-SAR water disputes consisting of the litigation and non-litigation issues such as conciliation, mediation, arbitration, administrative processing, etc., in which the party could choice the best method to resolve the inter-SAR water dispute.Third, by vertical comparison of traditional and modern ways on settling inter-SAR water disputes, this article analyze the defects of our recent water dispute settlement mechanism on legal provisions, and the imperfect of non-litigation and litigation remedies.Fourth, by horizontal comparison of abroad practice of settling water disputes, it comes to the conclusion that it is an important means of settling water disputes to fully play the role of civil society organizations and arbitral institutions.Fifth, it makes constructive recommendations of the inter-SAR water dispute settlement mechanism. The paper holds that it is needed to coordinate the new Water Law, Soil and Water Conservation Law, the Water Pollution Control Act and the Flood Control Ordinance on inter-SAR water dispute settlement and Legal concepts. In addition, we should make full use of non-government organizations, administrative management mechanism, and establish arbitration mechanism of water dispute. We also should develop group lawsuit and set up a special court to settle water disputes.