我国农业节水的法制化建设研究
发布时间：2018-08-08 17:04
【摘要】： 水是生命的源泉、农业的命脉、工业的血液,是一种不可替代的基础性资源,也是一种战略性的经济资源,因此,它是各国综合国力的重要组成部分。基于水资源的重要性,全球水资源危机日益凸现,我国水资源供需矛盾突出,耗水量第一的农业用水浪费严重和效率不高,农业节水技术创新不能有效解决农业节水的背景,本文试图从法律视角探究农业节水的新办法和新途径,以期通过研究农业节水的法制化建设寻找社会、国家和用水主体之间相对合理、公平的权利义务分配手段,实现农业节水管理的规范化、民主化和市场化,解决技术创新不能保证农业节水的困惑,提高农业用水效率,保障农业和社会经济的可持续发展。 文章运用文献阅读法、专家访谈法、比较研究法和分析归纳法等方法,从节水型社会建设、和谐社会构建、农业可持续发展和法治国家建立等不同层面考察了我国农业节水法制化建设的必要性,从政策环境、法律基础、现实依据和国外节水经验的借鉴等方面分析了农业节水法制化建设的可行性,并且试图以农业节水法制化建设的哲学、伦理学、法学和经济学等理论基础为依据,探寻农业用水效率低下和浪费严重的原因,如:用水户节水意识不强、灌区管理体制不顺、农业水资源市场配置机制不力、农业节水技术研发推广投入不够、有关农业节水法律制度不够健全等等,梳理我国农业节水法制化建设中的水权主体虚置、水价制度不合理、农业节水技术研发机制不健全、法律制度体系不完善、法律保障制度不到位、公众参与制度缺位等不足之处。最后,文章提出农业节水法制化建设的维护公平,促进安全,提高效率和实现正义的价值目标;宏观调控、市场调节和公众参与相结合,操作可行与经济合理性相结合的法制化建设两大原则;同时,从构建和谐的农业用水规则体系、制定《农业节水条例》、加强农业水权制度建设、优化农业水价制度、健全农业用水制度、建立公众参与制度等方面提出农业节水法制化建设的建议和思路,期望对推动农业节水工作有所裨益。
[Abstract]:Water is the source of life, the lifeblood of agriculture, the blood of industry, is an irreplaceable basic resource, is also a strategic economic resources, therefore, it is an important part of the comprehensive national strength of countries. Because of the importance of water resources, the global water resources crisis is more and more prominent, the contradiction between supply and demand of water resources in our country is prominent, the agricultural water consumption first is serious and the efficiency is not high, the innovation of agricultural water-saving technology can not effectively solve the background of agricultural water-saving. This paper attempts to explore the new methods and approaches of agricultural water saving from the perspective of law, with a view to finding a relatively reasonable and fair means of distribution of rights and obligations between the state and the main body of water by studying the legal construction of agricultural water saving. To realize the standardization, democratization and marketization of agricultural water-saving management, to solve the technical innovation can not guarantee the confusion of agricultural water-saving, improve the efficiency of agricultural water use, and ensure the sustainable development of agriculture and social economy. This paper uses the methods of literature reading, expert interview, comparative research and analysis induction to construct a water-saving society and a harmonious society. The sustainable development of agriculture and the establishment of a country ruled by law and other aspects of the necessity of the legal construction of agricultural water saving in China, from the policy environment, legal basis, This paper analyzes the feasibility of the construction of agricultural water-saving legalization based on the practical basis and the experience of water-saving in foreign countries, and attempts to base on the theoretical basis of the construction of agricultural water-saving legalization, such as philosophy, ethics, law and economics, etc. For example, water saving consciousness of water users is not strong, management system of irrigation district is not good, market allocation mechanism of agricultural water resources is weak, and R & D and popularization investment of agricultural water-saving technology is not enough. About the agricultural water-saving legal system is not perfect, etc., combing the main body of water rights in the construction of agricultural water-saving legal system, the water price system is unreasonable, the research and development mechanism of agricultural water-saving technology is not perfect, the legal system is not perfect, The legal protection system is not in place, the system of public participation is absent and so on. Finally, the paper puts forward the value goals of maintaining fairness, promoting safety, improving efficiency and realizing justice in the construction of agricultural water-saving legalization, combining macro-control, market regulation and public participation. At the same time, from the view of constructing harmonious agricultural water use rule system, formulating "Agricultural Water Saving regulations", strengthening the construction of agricultural water right system and optimizing agricultural water price system, The suggestions and ideas of improving agricultural water use system and establishing public participation system are put forward, which are expected to be beneficial to the promotion of agricultural water-saving work.
【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.6
[Abstract]:Water is the source of life, the lifeblood of agriculture, the blood of industry, is an irreplaceable basic resource, is also a strategic economic resources, therefore, it is an important part of the comprehensive national strength of countries. Because of the importance of water resources, the global water resources crisis is more and more prominent, the contradiction between supply and demand of water resources in our country is prominent, the agricultural water consumption first is serious and the efficiency is not high, the innovation of agricultural water-saving technology can not effectively solve the background of agricultural water-saving. This paper attempts to explore the new methods and approaches of agricultural water saving from the perspective of law, with a view to finding a relatively reasonable and fair means of distribution of rights and obligations between the state and the main body of water by studying the legal construction of agricultural water saving. To realize the standardization, democratization and marketization of agricultural water-saving management, to solve the technical innovation can not guarantee the confusion of agricultural water-saving, improve the efficiency of agricultural water use, and ensure the sustainable development of agriculture and social economy. This paper uses the methods of literature reading, expert interview, comparative research and analysis induction to construct a water-saving society and a harmonious society. The sustainable development of agriculture and the establishment of a country ruled by law and other aspects of the necessity of the legal construction of agricultural water saving in China, from the policy environment, legal basis, This paper analyzes the feasibility of the construction of agricultural water-saving legalization based on the practical basis and the experience of water-saving in foreign countries, and attempts to base on the theoretical basis of the construction of agricultural water-saving legalization, such as philosophy, ethics, law and economics, etc. For example, water saving consciousness of water users is not strong, management system of irrigation district is not good, market allocation mechanism of agricultural water resources is weak, and R & D and popularization investment of agricultural water-saving technology is not enough. About the agricultural water-saving legal system is not perfect, etc., combing the main body of water rights in the construction of agricultural water-saving legal system, the water price system is unreasonable, the research and development mechanism of agricultural water-saving technology is not perfect, the legal system is not perfect, The legal protection system is not in place, the system of public participation is absent and so on. Finally, the paper puts forward the value goals of maintaining fairness, promoting safety, improving efficiency and realizing justice in the construction of agricultural water-saving legalization, combining macro-control, market regulation and public participation. At the same time, from the view of constructing harmonious agricultural water use rule system, formulating "Agricultural Water Saving regulations", strengthening the construction of agricultural water right system and optimizing agricultural water price system, The suggestions and ideas of improving agricultural water use system and establishing public participation system are put forward, which are expected to be beneficial to the promotion of agricultural water-saving work.
【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.6
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