Compritive Study Of Legislatisn For Protection Of Groundwater Resources

In recent years, with the frequent phenomenon such as land subsidence and soil salinization,groundwater resources issues cause more and more concern. Faced with the severe reality,protection of groundwater resources has become inevitable topic. However, although ourcountry has some legal rules about the exploration, utilization and protection of thegroundwater resources at present and has legal supports preliminary. But in reality, it cannotensure that the laws are strictly observed, that the laws are strictly enforced, and that law-breaksmust be prosecuted, and even no law to follow. Trace this to its source, it is because thatlegislation lays behind, institutions are out of order and the deletion of system in our country. Inthe protection of groundwater resources, local legislation leads on the central legislation, legaltheory leads on the practice. Local legislation and the study of theory can both provide areference for special legislation of our country’s groundwater resources, and foreign legislationof groundwater resources can provide more powerful reference. America, Australia, France andKorea and other countries have advanced experience in the legislation for the protection ofgroundwater resources. Special legislation of groundwater resources, mature basin managementsystem, fashioned market for water right transaction all provide nice preference for ourcountry’s legislation of groundwater resources. This article takes advantage of the comparativemethod to point out the lag behind of our country’s legislation idea of groundwater resources,imperfect legal system, disorder administrative organization, imperfection and deletion ofrelevant system and other issues. And then raises measures to solve issues exit in our country’slegislation of groundwater via learn foreign advanced experience.This article includes five parts in total:The main content of the frist part is the basic theory about the protection of groundwaterresources, including define the groundwater, groundwater resources and the protection ofgroundwater resources, and the current status of the domestic and overseas legislation.The second part mainly talks about the comparative analysis of basic theory of the domesticand overseas legislation of the protection of groundwater resources. The sustainable development principle is the basic principle generally accepted by the international society. Thepolluter pays principle is also a basic principle defined by most countries to govern thepollution of groundwater resources. But the legislation principle of the protection ofgroundwater resources is different from each other. This part makes a comparative analysisabout the legislation principle between typical countries and our country.The third part mainly compares the legislation model of the protection of groundwaterresources. At present, there are two kinds of models through summarize other country’s existinglegislation of protection of groundwater resources, special legislation and mixed legislation.This part makes a list of the typical countries of these two models, and compares foreignlegislation model and our country’s legislation model.The fourth part mainly makes a comparative analysis about the legislation content about theprotection of groundwater resources and it contains two parts, system of administrative controland relevant system about protection of groundwater resources. System of administrativecontrol and relevant system are the security system of the protection of groundwater resources.This part makes an analysis of other countries’system of administrative control and relevantsystem, and compares with our country.The fifth part mainly makes a summarize about above parts and according to the summarize,makes our country’s legislation of the protection of groundwater resources more perfect,including the perfection of the framework of legislation principles, the choice of legislationmodels and legislation contents.