论城市扩张下的城市水资源的法律保障

21世纪是城市的世纪,许多城市突出了经营城市的概念,在"城市的扩张"热中,更为注重经济增长的速率,忽略建构足以支撑可持续发展的且应合理分布的空间结构体系、基础设施以及制度文明,也就容易形成制约城市发展的瓶颈问题。城市水资源问题便是其中之一。对这些公共物品是加强公权力,还是进行市场化配置,颇有争论。我们认为,对于城市水问题的解决,应着眼于建构和实施先进的制度体系,即一切可以影响到社会公共利益或他人权益的权力和权利都应处在法律的控制和制约之下。我们从系统论的角度,设计了城市水法律系统模型。

The Legal Control of City Water Resource Under the Environment of City's Expansion

21st century belongs to cities. The concept of managing cities has been emphasized in many cities. In the expansion of the city, people pay more attention to the economy increase rate and neglect the construction of reasonable space system, which can support t the sustainable development,basic facility and system civilization. Such behaviors always lead to the bottleneck problem which restricts the city's development. Water problem is one of those problems. People have different opinion on whether we should strengthen the state-owned facilities or let the market distribute the resource. We suggest that in order to solve water problem, we should focus on the construction and enforcement of the advanced systems which is that all powers and rights that influence public interest or private interest should be controlled and restricted legally. A legal system model on city water is devised based on the system theory in the paper.