Construction Of Tradable Water Rights Legal System Of Our Country

As social economy develops, people’s demand for water resource enhances increasingly.For China and even the world, water is one of the scarce resources. Under the pressure ofsoaring population and in the absence of water resource, it is urgent to optimize allocation ofwater resource and improve utilization rate of water resource in China. Having beeninfluenced by planned economy system for a long time, our country has most of waterresource offset or freely utilized through administrative allocation. On the one hand, it resultsin severe waste of water resource, and on the other hand, it leads to serious shortage of waterresource. On this occasion, it will set a limit to the development of China’s economy andsociety, and develop into the bottleneck of economic growth and social development. As aresult, in order to improve utilization rate of water resource and achieve social sustainabledevelopment, it is imperative to construct a reasonable mechanism for water utilization.Through learning lessons from current research achievements in America and Australia, thispaper works out that it is a most effective approach to combine governments and markets, thatis, the countries allow the users of water resource to carry out transactions within the limitsstipulated by the law. As transaction market of water rights started late in China, there aremany problems to be solved. Using overseas successful experience in transaction market ofwater rights for reference, this paper puts forward several suggestions on how to constructlegal system for water right transaction in China according to the actual conditions.Besides the Prelude and Conclusion parts, the main body of this text can be categorizedinto three chapters. The first Chapter, The Introduction of Water Right, makes a flashback ofthe generating background of the water right trade and demonstrates the concept of waterright trade from the perspective of fundamental theories. The second chapter, The CurrentSituation for the Legal System of the Water Right Trade, illustrates the current immaturepolicies and laws on water right trade, moreover, the water right trading system in our countryis undergoing a primary period and there are still lots of issues needed to be solved. The thirdchapter, The Ideas for Perfecting the Legal System of Water Right Trade, marks a cleardefinition for water right and carries out an overall establishment of water right trading legalsystem from the perspective as establishing a water right trading market and perfecting thewater utilization system.