Study On The Water Right And Water Right Transaction

On the basis of water resources status and characteristics as well as the history and present water management of china, the paper analyses the problems existing in today' s water resources management and puts forwards several questions to be concerned: 1)the confusion of management system and price mechanism related with water resources. 2)the price standard is much lower comparatively. Therefore, it is necessary to introduce the marketing mechanism of water right transaction.The paper gives a brief account of the water right system and the practice of the water right transaction of china, and then puts forward that l)the problem of " the indistinct of the water right" impede the water into the market. 2) the definition of the subject of the water right is unclear. 3) lack of the reference and standard of implementing the water price. 4) lack of scientific volume control of water intake permit. 5) the excessiveness of the water administration and the unreasonableness of the distribution system. 6) lack of the procedure rights of supervision in water intake permit. So, the uniform management of the water resources is vital important.Through the analysis of water right system of the abroad countries such as America, Mexico, Australia, Chili, etc, we can conclude that to succeed in implementing the water right transaction, the relative regulations should be ensure to be established.Furthermore, the paper analyses the intrinsic quality of water right and its attributes as real right, and indicates that the water right is a kind of private rights with public attributes. The paper also discuses the necessity and feasibility of transferring from water intake permit system to water rights system, and propose to strengthen the water resources assignments so as to promote the water right market formulation and to ensure the equal acquirement of water right.To sum up, the paper advocates that to succeed water right mechanism some measures should be taken as follows: l)to clarify the water rightand promote the sustainable development of the water resources. 2)to implement distribution system of water resources. 3) to establish and implement the formulation of water price mechanism. 4) to establish the new style of the basin management mode to implement water right mechanism.The establishment of the Chinese water right system is a long systematic way to proceed. For years, the water intake permit system has been gradually becoming an effective management system in the field of water intake permit management, water volume distribution, the amount and quality control of water resources, and the important projects argument system of the water resources.Through the prospects of the water right system development of china, the paper generalizes the inner necessity of the water right transaction on the basis of the system backgrounds and the water resources conditions as well as the existing problems such as the ownership in an empty shell, the lack of prescribes of the using right assignments, etc. Moreover, the author makes suggestions that l) to further strengthen and implement the state-owned property right of the water resources. 2) to assign the initial water right so as to implement the water right distribution mechanism. 3) to foster the water right market actively, to reform the formulation mechanism of the water price. 4) to accomplish the relative laws and regulations enforcement, improving the managing level of the management departments. Last, the author advocates that we should accelerate the legislation step on water right system with reference to the abroad water right transferring practice to implement the legislation of the laws and regulations related to water right and furthermore to promote the water right transaction development, therefore, to establish water right system with Chinese characteristics.