Research On The Legal System Construction Of Water Resources Asset Management In China

With the rapid development of China’s economy and society,the demand for water resources is getting stronger and stronger.In order to meet the needs of development,the state has continuously strengthened the management of water resources,and introduced and revised the Water Law,Water Pollution Prevention and Control Law,Water and Soil Conservation Law,Flood Control Law and other relevant laws and regulations.However,the water resources management model that focuses solely on water quality or quantity has defects such as single objective and fragmented management,ignoring the unification of economic and ecological values of water resources,and also leading to problems such as state ownership of water resources being falsely placed and loss of resource state-owned assets.Since the 18 th National Congress,General Secretary Xi Jinping has repeatedly emphasized the coordination of water resources protection and utilization,and proposed to promote the mechanism for realizing the value of ecological products at the symposium on deepening the development of the Yangtze River Economic Belt.Water resources asset management is an important way to realize the value of water ecological products.However,China’s water resources asset management system is still in its initial stage,and there are problems of unclear system objectives,inadequate system system and lack of accountability mechanism.Therefore,this paper constructs a legal system of water resources asset management to regulate water resources asset management and realize the unification of ecological value and economic value of water resources.This paper,excluding the introduction and conclusion,is divided into four parts as follows:The first part is the basic theory of water resources asset management.This part analyzes the connotation and characteristics of water resources assets and water resources asset management concepts.It is clear that water resources asset management is based on the unification of the ecological and economic values of water resources,and has the characteristics of ensuring the state’s ownership rights and interests,the preservation and appreciation of state-owned assets,the tradability of property rights,and the harmonization of ecological and economic values.At the same time,the legal system of water resources asset management should be constructed based on natural capital theory,public goods theory,property rights theory and environmental public goods theory.The second part analyzes the current situation and problems of legal policies on water resources asset management in China.The laws,regulations and policy documents related to water resources asset management at the national and local levels are sorted out,and it is found that the current legal policies on water resources asset management in China have the problems of unclear institutional objectives,inadequate institutional systems and lack of accountability mechanisms.The third part examines and inspires the legal system of water resources asset management in foreign countries.The results of the institutional norms and experiences of water resource asset management in the United States,Chile and Australia are reviewed and combined with China’s national conditions to provide inspiration for the development of water resource asset management in China,i.e.water resource asset management should be based on a sound legal system and the development of water resource asset management needs to balance the role of the relationship between the market and the government.The fourth part attempts to construct a legal system for water resources asset management in China.The three aspects are discussed in terms of institutional objectives,institutional system and accountability mechanism.It is proposed that the goal of the legal system of water resources asset management is to realize the unification of economic and ecological values of water resources;to explore the construction of a legal system of water resources asset management,such as establishing a hierarchical management system of water resources assets based on the "river chief system",establishing an accounting system of water resources assets,improving the registration system of water resources assets,establishing a Water resources assets trading system,improve the ecological compensation system;establish a mechanism for accountability for water resources assets management,clarify the main responsibility,implement the leading cadres to leave the audit,and improve the public interest litigation system.