Main Problems of China’s Water Justified System and the Perfection Ways
中国水资源论证制度存在的主要问题及完善的思路

China’s Water Justified System has the potential to enhance water resources protection as well as promote sustainable development.However,the implementation of this system is faced with many difficulties due to the low legal hierarchy of Regulations on Water Resources Justification for Construction Project.The main problems are as follows:firstly,some kinds of water such as rainwater,desalinated water,drained water and running water are not defined as water resources by China’s Water Act,so the system can’t take them into the scope of application; secondly,agriculture,industry and city plans which have profound impacts on water resources and at the same time are strictly limited by it are not defined as part of the scope of the Water Justified System by the existing rule;thirdly,the legal rule which enacted the system is in violation of the Administrative Licensing Act,making it very difficult to be put into enforcement.Besides,the vocational qualification stipulated by the system also heavily violates upper laws,which make it impossible to be carried out;fourthly,the Administrative Punishment Act is also be violated by the system in many aspects,although the so-called illegal contents in the system rule are actually rational and sensible.This phenomenon reflects the tensions between the administrative legality and the administrative rationality,and confirms that the existing Water Justified System needs to be modified.In order to improve the implementation of the system,it is necessary to strengthen the existing system rule by enacting an administrative regulation and thus raise the system’s level in Chinese legal hierarchy.If this can be done,both the problems of narrow application scope and violation of upper laws can be solved successfully.In addition,it will create a better environment for the development of the Water Justified System.And this is the only way to clear obstacles to the system’s implementation and to lay a solid foundation for future water resources justification.