On The Perfection Of Law Of The Basin Water Resource Management Of China

River basin management is an effective form of water resources management. Water resources are crucially important for the development of human society. China is one of the water-poor countries in the world, per capita water resources is one quarter of that of the world's, while per capita water consumption is four times of that of developed countries. Rational development and utilization of water resources, as well as its maintenance, economization and management, not only have close relationship to the successful economic and social development, but also will affect the survival of humanity. Implementation of river basin management of water resources has been over a long period of exploration and become the final approach taken in many countries, and has already become a common trend playing an important role for the protection of water resources.Up to now, China has developed a number of river legislation related to basin management, established decentralized administration of the seven basins of Yangtze River, Yellow River, Huaihe River, Pearl River, and Taihu Lake, which has made some contribution to the protection of river basin water resources. However, in China, a legal system of protecting basin water resources has not yet effectively built. Such problems, as gaps in existing regulations and defects of organizational structure and management system of basin management, lead to bad running of basin water resources protection for the lack of legal guarantee. Therefore, establishing a sound legal system of basin water resources protection to overcome the shortcomings of the existing system through the full range of rules and norms has been a priority.In this paper, with the revised "Water Law" was took into consideration, basin management laws and regulations, management system and operating mechanism are discussed, finally it proposed that eco-compensation mechanism, public participation, and the establishment of water market are took into the legislation, so as to be in accordance to the ecological Protection of the environment as well as the legal concept of running water resources by law. This paper aims to seek way out of a sound law system of basin management, watershed management in order to provide references for perfecting basin management law system, which are discussed from five main parts.In the first part, with the discussion of the current situation of water resources combined with the background of the implementation of basin water resources management in China, we draw a conclusion that to explore the legal issues of our country's basin water resources is of great theoretical as well as practical significance.In the second part, a case study of Huaihe River Basin was presented by summarizing the achievements and the deficiencies in the past over ten years, thus to point out many existing problems in China's current basin protection system, and to make a general analysis of basin and basin management.In the third part, We discussed the current situation of the legal system of China's water resources management, introduced the regulations and rules relating to basin water resources in the new "Water Law ", and pointed out the main problems of our current legal system of river basin management, such as some contents are not provided, and also the lack of regulatory coordination and of economic compensation system for basin management in the provisions.In the fourth part, by introducing the countries with good experience in the protection of water resources, as Britain, the United States, France and Australia, we are expecting to learn from their advanced experience of watershed protection systems. In light of the characteristics of China's basin water resources and the reality of our country, we discussed the transformation and development of laws and regulations related to the river basin management, and elaborated on China's reform of basin management.In the fifth part, relating suggestions of a sound system were put forward by analyzing defects of legislation on water resources. First, to establish the basic principles and regimes of water resources management legislation, and a clear law enforcement system; second, to strengthen river basin management institutions and operating mechanisms, coordinate river basin management and regional management, establish the overall awareness of watershed and establish coordination mechanisms of various interests within the basin; third, to improve public participation system in river basin management and the incentive systems, improve the environmental information disclosure system, emphasize the government's responsibility for environmental information, establish the environmental public interest litigation system; fourth, establish ecological compensation system, and a harmonious relationship between man and the environment; five, to establish water rights market, improve the market mechanism of water resources; six, to improve the tax system of basin water resources, and guide the rationalization of market allocation of water resources.