Study On The Legal Regulation Of Henan Water Rights Exchange Market For South-to-North Water Transfer Project

Water resources are essential resources for human survival and development,which are related to the prosperity and decline of the country.The South-to-North Water Transfer Project,as a very important inter-basin water transfer project in China,can alleviate the current situation of water shortage in northern China to a certain extent.Henan Province is one of the provinces in the middle route of the South-to-North Water Transfer Project.How to make good use of the water resources allocated by the project is an unavoidable problem.At present,in some areas of our country,the total demand for water resources is greater than the total amount of resources,and the scarcity of resources requires the construction of water rights trading market.General Secretary Xi Jinping put forward the theory of "two mountains" and the idea of "water-saving priority,spatial balance,systematic governance,two-handed efforts" to control water,which also provided a theoretical basis for the water rights trading market.The order,equality and efficiency value of the law provide the legal basis for the construction of water rights trading market;the relevant provisions of the Constitution and the Water Law provide the legal basis for the construction of water rights trading market;the legal basis and the legal basis constitute the legal basis of the water rights trading market in China.After confirming the right of water index allocated in the middle route of South-to-North Water Transfer,Henan Province has completed three water rights transactions,namely,water rights transactions between Pingdingshan City and Xinmi City,Nanyang City and Dengfeng City,Nanyang City and Xinzheng City.With the approval of the Henan Provincial People's Government and under the guidance of the Provincial Water Resources Department,the Henan Water Rights Collection,Storage and Transfer Center has been established.At present,the main problems existing in the legal regulation of Henan water rights trading market of South-to-North Water Transfer Project are as follows: lack of local legislation in Henan water rights trading market;incomplete rules of water rights trading platform in Henan Province;too strict control by provincial government;imperfect supervision mechanism of public participation in water rights trading market,etc.The main reasons for the problems are: the imperfect regulation of water rights trading market;the lack of corresponding management system of water rights trading platform;the failure of water resources supply and demand market to play a role,etc.Through summing up the experience of water rights trading market in DongyangYiwu,Inner Mongolia,Zhangye and Heilongjiang,the four countermeasures and suggestions to solve the above problems are as follows: perfecting the relevant laws and regulations of water rights trading market;formulating relevant local laws and regulations of Henan water rights trading market of South-to-North Water Transfer Project;establishing water rights trading platform system;weakening strict management and control of provincial government;strengthening water markets in various cities and cities.The decisive role in the right transaction,the establishment of information disclosure system,the introduction of public supervision mechanism and so on.