Research On My Country's Agricultural Water Rights System From The Perspective Of Collective Property Rights

Water shortage is becoming an important factor restricting the healthy and sustainable development of the economy and society.In order to overcome the water crisis,all countries in the world are strengthening the construction of water rights system Among them,the construction of agricultural water rights system is the core link of the water rights system Ch:ina's agricultural water has occupied more than 2/3 of the total water consunmption,but the water use efficiency is not high.It is an inevitable choice to reduce the share of agricultural water consumption when industrial water and urban domestic water will be further enhanced.Agricultural water use is also related to food security and the fundamental well-being of farmers.We must ensure the safety of agricultural water use and prevent the interests of agriculture and farmers from being infringed gratis.Therefore,it is of great significance to study the system of agricultural water rights.Since the third Plenary Session of the 18th CPC Central Committee,the reform of China's agricultural water rights system has entered the fast lane.The reform of water right system centered on "right + trading" is being carried out widely.At present,the theoretical circle has paid full attention to the water rights of the basin,and has seldom studied the construction of the agricultural water right system.From the perspective of collective property rights,this study makes a systematic study of China's agricultural water rights system.Firstly,it summarizes the theoretical basis of the research on the agricultural water right system,and synthesizes the property right theory of new institutional economics,public pond resource theory and Marxist property right theory,and summarizes three major propositions of property right theory.1)the property right system is characterized by "situational dependence",and there is no efficient form of property right under any circumstances.2),the property rights system is characterized by "non neutrality".The definition of property rights is always important to anyone.3)the property right system is characterized by "nesting",and the ownership of property right can be structurally divided at different levels.Secondly,an overview of the international system of agricultural water rights was made.Expounds five agricultural water rights systems:coastal right,preemptive right,proportional water right,public water right and tradable water right.Five kinds of water rights market construction are introduced,including the water bank system in the western United States,the quasi-market system in the Australian watershed,the free water market system in Chile,the water rights trading system of the Water Users Association in Mexico and the water rights trading system dominated by the Japanese government.Thirdly,since the founding of New China,China's agricultural water rights system has undergone a brief overview of the process of change,which can be summarized as public welfare agricultural water rights system,public commodity agricultural water rights system and public tradable agricultural water rights system.It also points out that there are four major problems in the current agricultural water rights system,such as unclear definition of agricultural water rights,price leverage failure,imperfect water rights trading mechanism,and insufficient participation of farmers.Fourthly,the initial definition of agricultural water rights in China is discussed,and the definition model of agricultural water rights based on collective property rights is constructed.The reasons for the implementation of agricultural collective water rights are elaborated from four aspects:the characteristics of water resources,the mode of agricultural production,the trade of agricultural water rights and the water conservancy of farmland.Finally,a case study was carried out through the pilot project of water rights in Heihe and Shule.Fifthly,the initial allocation system of agricultural collective water rights is designed,which mainly includes the allocation of agricultural water rights ownership,the allocation of agricultural water rights and the pricing and sharing mechanism of agricultural water rights under the agricultural collective water rights system.Sixthly,the agricultural collective water rights trading system is designed,which is divided into three aspects:the agricultural internal water rights trading supervised by the government,the agricultural-to-non-water rights trading participated by the government and the government-led agricultural water rights repurchase.This article holds thatPrivate water rights are not always optimal.Advocating the omnipotence of private property rights is only an ideological bias,without theoretical support.The property right theory shows that any property right system.has the character of "situational dependence" and changes with the development of productive forces.Water rights trading is not simply marketization.From the experience of water rights reform in the world,only the United States,Australia and other countries have successfully established and operated water markets.Most countries do not establish water market,and the allocation of water resources is still dominated by the state.The national problem of the implementation of the free water market system is serious and the return of the government's role has emerged.Most countries adopt a more cautious attitude towards water rights transactions.Auditing,demonstration and supervision are very strict.Agricultural collective water rights system is the main direction of water right system construction in China.Agricultural water rights defined to individual farmers will lead to excessive "fragmentation" of agricultural water rights,which is not in line with the current national conditions.From the perspective of resource characteristics,the definition of agricultural water rights to individuals is not only costly,but also individual farmers can not protect their own water rights,resulting in the weakening of water rights.From the point of view of agricultural production mode,the main body of agricultural management in China is undergoing drastic changes.The system of agricultural collective property rights is more flexible and can better adapt to the changes of agricultural production mode in China.From the perspective of water rights trading,agricultural collective water rights trading can not only improve the scale of water rights trading returns,but also reduce the cost of agricultural water rights trading.From the perspective of farmland water conservancy protection,agricultural collective water rights can overcome the "tragedy of anti-commons" caused by the privatization of property rights.Water rights banks and water rights markets are important forms of agricultural water rights transactions in China.The government supervises the agricultural internal water rights transaction,generally through the equal negotiation of the transaction subject;when the water rights transaction subject is numerous,the government assists the matching in the water rights transaction center.The government's participation in the transfer of agricultural rights to water rights is mainly carried out through bidding and auctioning.Government-led repurchase of agricultural water rights mainly includes direct purchase of agricultural water rights and lease of agricultural water rights.Agricultural internal water rights trading is carried out in the agricultural water rights trading center of irrigation district,agricultural-to-non-water rights trading is carried out in the regional/basin agricultural water rights exchange,and government water rights repurchase is carried out in the agricultural water rights bank.