중국 수생태계 법제도의 쟁점 고찰－ 미국과 EU법제도의 시사점을 중심으로 －

Abstract

This article attaches the importance and inadequate state of the water resource protecting law. It includes the urgency of legislation, the present condition of legislation of water, and the inadequacy of the law of the water resource. In order to protect the "resource of life", exploit water resource reasonably, prevent the inundation, and satisfy the needs of continuous development of national economy and people, we should pay more attention to the law of protecting water resource. On 21st Jan, 1998, The Sixth National People’s Congress passed “Water Law of PRC”. This is the first water law of PRC. But with the development of economy, it cannot fit the development of economy. Therefore, on 29th Aug, 2002, The Twenty-ninth Meeting of The Ninth National People’s Congress passed the revised edition of water law, in which a large revision was made. It made some great breakthroughs in the protection of water resource and added many objects of preventing water resource. It pays attention not only to the national usage of water resource but also to the protection of ecological environment. What’s more, it also provides explicit law standards for the protection of water resource in the future. But there are malpractices in the procedure of building water law system, such as there are not enough rules about the exchanges of water ownership, the public does not know and supervise the right of water ownership. Many problems lie in the ownership of water resource, civil responsibility, criminal responsibility, administration system of water resource, establishing law of water resource tax, water right system, and so on. Besides the insufficient aspects of Water Law itself, some rules of the law are not easy to be carried out and checked. There are still many blank spots in the present Water Law and a unified water resource law does not come into being till now. It does not set the body who is in charging of water resource, the body who is carrying out the law, the foundation of agency, the managing system and mechanism, etc. Second, this article will offer some suggestion on the legal building of water resource, including the improvement of the system of water law, perfecting water resource legislation related to water law, and perfecting a system of management of water resource supervision quickly. Besides perfecting the new Water Law, we should formulate the regulations and publish some law on managing water conservation to improve the new Water Law on the basis of amendment parts. The law system and legislation, especially the management, exploitation, and the protection of pollution of water resource are worth studying to perfect our water law service. First, to adjust the structural system and promote the efficiency of execution of law. Second, to build a highly qualified team of supervision and check for water issue. Third, to execute by law, control water by law and form a severe execution of law. Merely do this can we establish a clean, efficient and practical system of water administrative management, and enhance the successful development of water controlling, water managing and water protecting by law.