Reforming China's Water Law through Reforms of the Division of Administrative Functions and Delegation of Ministry Powers and Tasks

摘要

Statutory and case law at the provincial and local level provides critical legal frameworks for water management in China. As many provincial and local governments struggle to improve efficiency in water management and resolve conflicts over water usage, they must continually assess the efficacy of their national and local water laws and regulating bodies. China's water laws have undergone reforms but are still disconnected and overlapping. This paper assesses China's state water law. It takes first steps toward a comprehensive state water resources act by setting out an analytical framework for a reform process. The methodology of the paper focuses on issues and conflicts in water management at the state, and local level. It amalgamates management and legal analyses that incorporate the diverse perspectives of state water stakeholders. The results are identification of management issues, profiles of provincial water laws and regulating bodies, and explorations of legal reforms that are available to the national government.