湘江流域水权交易法律制度研究
发布时间：2018-08-05 11:11
【摘要】： 湘江是湖南的“母亲河”,集湖南省的生活饮用水、生产用水、航运、发电、纳污等诸多功能于一体,在全省发展中具有十分重要的战略地位。但是由于湘江沿岸经济建设的加速以及全球气候变化的影响,湘江水资源季节性短缺现象日趋显现。同时由于近几年养殖业等产业的发展使湘江污染呈现出新特点,污染治理难度更大。湘江水资源缺乏以及水严重污染制约了湘江流域社会经济的发展。要改变湘江这一状况我们必须统筹兼顾,从制度上以及思想上着手,改变湘江流域各界对湘江水资源现状的思想认识,改革现有湘江水资源管理制度,进行湘江流域水权交易,构建湘江流域水权交易法律制度。 本文分六个部分对湘江流域水权交易进行了较为全面深入的研究,力图构建完善的湘江流域水权交易法律制度。本文在第二章对水权交易制度相关理论进行了全面概述,该章分为四个部分,包括:水权之“水”的涵义、水权与流域水权的界定、水权交易与流域水权交易的界定以及我国水权交易的现状与问题。第三章对构建湘江流域水权交易法律制度的必要性和可行性进行了深入分析,先论述了湘江水资源缺乏和水污染严重使构建湘江流域水权交易法律制度成为必要,然后论述了水权交易理论的趋于成熟、我国各地的水权交易实践、国外水权交易制度运作和相关政策法律的施行使湘江流域水权交易法律制度的构建具有可行性。本文的第四章从六个方面阐述了构建湘江流域水权交易法律制度面临的障碍和问题,这六个方面包括:缺乏对湘江水资源现状和水权交易的深刻认识、缺乏统一的流域管理机构、缺乏完善的政策法规体系、缺乏明确的水权交易的基本原则、缺乏具体的制度设计和保障以及缺乏完善的水权初始分配制度。第五章从四个方面着手构建湘江流域水权交易法律制度,第一是明确湘江流域水权交易的基本原则,第二是建立统一的湘江流域管理机构,第三是完善水权初始分配制度,第四是建立并完善湘江流域水权交易具体法律制度。本文最后在结语部分谈到了湘江流域水权交易法律制度的构建对全国的启示意义,以及本文存在的缺陷,并指出湘江流域水权交易具体制度的设计仍需进一步深化和具体。
[Abstract]:Xiangjiang River is the "mother river" of Hunan Province, which integrates the functions of drinking water, production water, shipping, power generation, sewage absorption and so on, and has a very important strategic position in the development of the whole province. However, due to the acceleration of economic construction along the Xiangjiang River and the impact of global climate change, the seasonal shortage of water resources in the Xiangjiang River is becoming increasingly apparent. At the same time, because of the development of aquaculture and other industries in recent years, Xiangjiang River pollution presents new characteristics, and pollution control is more difficult. The lack of water resources and serious water pollution restrict the social and economic development of Xiangjiang River Basin. In order to change this situation of the Xiangjiang River, we must make overall plans, proceed from the system as well as from the ideological point of view, change the ideological understanding of the current situation of the water resources in the Xiangjiang River Basin, reform the existing water resources management system of the Xiangjiang River River, and carry out the water rights trading in the Xiangjiang River Basin. Build the Xiangjiang river basin water right trade legal system. In this paper, water rights trading in Xiangjiang river basin is studied in six parts, and a perfect legal system of water right trading in Xiangjiang river basin is constructed. In the second chapter, the related theories of water right trading system are summarized. The chapter is divided into four parts, including: the meaning of water right, the definition of water right and watershed water right. The definition of water right trade and watershed water right trade and the current situation and problems of water right trade in China. In the third chapter, the necessity and feasibility of establishing the legal system of water right trade in Xiangjiang River basin are deeply analyzed. Firstly, the lack of water resources and water pollution in Xiangjiang River basin make it necessary to construct the legal system of water right trade in Xiangjiang River Basin. Then it discusses the maturity of water right trading theory, the practice of water right trading in various parts of our country, the operation of foreign water right trading system and the implementation of relevant policies and laws, which makes the construction of water right trading legal system in Xiangjiang River basin feasible. The fourth chapter of this paper expounds the obstacles and problems in constructing the water right trading legal system in Xiangjiang river basin from six aspects, which include: lack of deep understanding of the current situation of water resources and water right trade in Xiangjiang river. Lack of unified watershed management institutions, lack of perfect policy and regulation system, lack of clear basic principles of water rights trading, lack of specific system design and protection, and lack of perfect water rights initial distribution system. The fifth chapter starts from four aspects to construct the water right trade legal system of the Xiangjiang River basin. The first is to make clear the basic principles of the Xiangjiang river basin water right trade, the second is to establish the unified Xiangjiang river basin management organization, the third is to perfect the water rights initial distribution system. The fourth is to establish and improve the Xiangjiang River Basin water rights trading specific legal system. At the end of the paper, the author discusses the significance of the construction of the water right trading legal system in Xiangjiang river basin to the whole country, and points out that the design of the specific system of water right trade in Xiangjiang river basin still needs to be further deepened and concrete.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.66
本文编号：2165613
[Abstract]:Xiangjiang River is the "mother river" of Hunan Province, which integrates the functions of drinking water, production water, shipping, power generation, sewage absorption and so on, and has a very important strategic position in the development of the whole province. However, due to the acceleration of economic construction along the Xiangjiang River and the impact of global climate change, the seasonal shortage of water resources in the Xiangjiang River is becoming increasingly apparent. At the same time, because of the development of aquaculture and other industries in recent years, Xiangjiang River pollution presents new characteristics, and pollution control is more difficult. The lack of water resources and serious water pollution restrict the social and economic development of Xiangjiang River Basin. In order to change this situation of the Xiangjiang River, we must make overall plans, proceed from the system as well as from the ideological point of view, change the ideological understanding of the current situation of the water resources in the Xiangjiang River Basin, reform the existing water resources management system of the Xiangjiang River River, and carry out the water rights trading in the Xiangjiang River Basin. Build the Xiangjiang river basin water right trade legal system. In this paper, water rights trading in Xiangjiang river basin is studied in six parts, and a perfect legal system of water right trading in Xiangjiang river basin is constructed. In the second chapter, the related theories of water right trading system are summarized. The chapter is divided into four parts, including: the meaning of water right, the definition of water right and watershed water right. The definition of water right trade and watershed water right trade and the current situation and problems of water right trade in China. In the third chapter, the necessity and feasibility of establishing the legal system of water right trade in Xiangjiang River basin are deeply analyzed. Firstly, the lack of water resources and water pollution in Xiangjiang River basin make it necessary to construct the legal system of water right trade in Xiangjiang River Basin. Then it discusses the maturity of water right trading theory, the practice of water right trading in various parts of our country, the operation of foreign water right trading system and the implementation of relevant policies and laws, which makes the construction of water right trading legal system in Xiangjiang River basin feasible. The fourth chapter of this paper expounds the obstacles and problems in constructing the water right trading legal system in Xiangjiang river basin from six aspects, which include: lack of deep understanding of the current situation of water resources and water right trade in Xiangjiang river. Lack of unified watershed management institutions, lack of perfect policy and regulation system, lack of clear basic principles of water rights trading, lack of specific system design and protection, and lack of perfect water rights initial distribution system. The fifth chapter starts from four aspects to construct the water right trade legal system of the Xiangjiang River basin. The first is to make clear the basic principles of the Xiangjiang river basin water right trade, the second is to establish the unified Xiangjiang river basin management organization, the third is to perfect the water rights initial distribution system. The fourth is to establish and improve the Xiangjiang River Basin water rights trading specific legal system. At the end of the paper, the author discusses the significance of the construction of the water right trading legal system in Xiangjiang river basin to the whole country, and points out that the design of the specific system of water right trade in Xiangjiang river basin still needs to be further deepened and concrete.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.66
【引证文献】
相关硕士学位论文 前2条
1 朱艳丽;西北内陆河流域水权交易法律制度研究[D];长安大学;2012年
2 龙娟娟;湘江流域水权交易的法律思考[D];湖南师范大学;2013年
，本文编号：2165613
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