View Of Economic Law Of The Water Rights System Study

Water is an important physical foundation for people's existence and development. The contradiction between the supply and the demand of water surges increasingly with society development and population growth. Every country has been given the problem of exploitation and protection of water resources as priority. In our country, water shortage has been the bottleneck to restrict the economic development. Because of the backward technology, severe water pollution and erosion, low efficiency of water utilization, the syndrome of water scarcity appears not only in quality but in quantity. At the same time, the frequent conflicts caused by possession, using and proceeds of water also destroy the stability of the society order. In order to regulate the people's behavior of exploiting and using water resources, protect the water resources effectively, maintain good using order and boost the sustainable development of our economics and society, a set of scientific and reasonable water rights law system is urgently necessary. However, at present, our existing law system about water rights is far from perfection. Undoubtedly, this situation advanced an objective requirement for us to perfect it in the theoretical and practical research, which is the very background of this dissertation.This paper, from the view of economic law science, through the introduction of situation of water resources and water rights system all over the world, aiming at our country's present conditions of water resources and using the relative subject theories to analyze and demonstrate, then tries to establish such a water rights system suitable for the situation in our country that includes appropriation, circulation, management, protection and restriction of water rights. And on base of it, comparing to the defects and conflicts that exist in our water rights system, this article proposes the legislative and judicial suggestions correspondingly. Applying such methods as economic analysis, systematism, comparation, history analysis and demonstration analysis, the author attempts to explore the nature of water rights system from the point of economic law in our country and provides reference advices. This paper consists of eight chapters except preface, about 180,000 Chinese words.Chapter 1 Introduction of Water Rights Systems at Home and AbroadThis chapter firstly presents four kinds of ownership systems of water resources inhistory, and then educed that the concept of water rights arises in the process of the system's creation and practice. Secondly, this chapter made an introduction and comment about water rights systems at home and abroad. Last, it focuses on the defects of our new Water Law. This chapter not only provides the advanced domestic and foreign experience for us to establish the water rights system, but also sets forth the necessity of perfecting the new Water Law and constructing the more scientific water rights system. The main views are: the origin of water rights system could not be separated from water ownership system; it takes a long time to rich and develop the water rights theory and system under the different times and history background; to set up the water rights system, we should rest on the reality and respect history; water rights should be independent from land ownership and should be transacted; the design of system should hold the share of zoology and consider the water as public resources; the Water Law revised newly still haven't settled such problems of the concept and exchange of water rights.Chapter 2 The Theoretical Foundation of Water Rights SystemThis chapter, from the aspects of philosophy, ethnics, politics, economics, sociology and law, digging out the theory pivot of water rights system, supplying basic world view and methodology for constructing the water rights system, combining the theory with the practice of the construction of water rights system, engenders the water rights system that is really consistent with the nature and social development rules. The basic views are below: th...