Analysis On Legal Issues About Chinese Water Resources Compensation

With the advanced development of Chinese economy, issues of the water ecologicalenvironment and the security of the city water resources which are in the face of danger havehindered our economy growth. Compared with China, the developed countries in the westdeserved the critical ecological problems while they got the economy boosted in the cost ofthe environment. Nowadays what is worthy being legitimately explored is that the originalpatterns should be changed in order that we can enjoy a sustainable development, which cangive consideration to the circumstance conservation and economy increases.Currently legislations concerning the ecological compensation haven’t been issued in thenation but some provinces with more developed economy began to make regulations and lawsgradually when actively exploring water ecological compensation practice problems, but nonehas a complete one. Apparently it’s become a trend that the regulations of ecological watercompensation must be set up. And the compensations, based on the sustainable developmentand the justice, which adopts the concept that “who compensates, who benefits from”, makesure that the ecological benefits damaged areas can be compensated reasonably in the meansof water right market, financial transfer payment, fund and taxes. Moreover the otherimportant aspect of it is the use, management and supervision of the capital. Firstly thesubject of right and obligation must be clearly issued. It’s to say the compensation fundsshould be better arranged in the combination of public and state supervision. Obviously toconsummate our water resources compensation regulation is the guarantee of the sustainablewater development.The piece, handling with the crisis of the water sources in China, is divided in fourspecial subjects. In the first chapter, there is an analysis about the subject of right andobligation and some relevant issues in a jurisprudential aspect, which includes the scope andcontent concerning the compensation subject and the compensation object. Later, the criteriaof the compensation regulations based on the principles of the water resources compensationare introduced in the chapter2. And then a more suitable compensation mode, integrated with the particular situation of the country is put forward after a detailed observation about themode of the country and the market, which uses the foreign mode for reference. At last,according to issues emerging in the capital calls and the management supervision, someoperational solutions and advices for the legislation work are raised.