Comparative Study Of Water Permit System

Water is the origin of the life. Because of the shortage of water resources and the graveness of the pollution, each country has to take all kinds of measures to protect water. As a basic legal system of water management, the water permit system is regarded as a helpful measure of protecting water by each country. This system put into practice in China in 1993 and a series of codes had been constituted. But compared with other countries, the system in China has many defects. The comparative study of other countries can help us to improve the system in China.The first part of this article discusses the theory and the practice of water permit system. By analyzing the causation of water resource crisis and the settlement, the article points out the legal system, including the ascription of ownership of water resources, the creation of the water right and the water permit system. Then, the legal character and the function of water permit are discussed. Finally the article introduces the development of water permit system and the general situation of other countries, such as America, Japan, Australia and New Zealand.The second part is the public participation in water permit system. The principle of public participation is one of the basic principles in environmental law. This part discusses the theoretical base of waterpermit system, including the theory of environmental right, the traits of environmental problem and the function of public participation. Then, by introducing the situations of public participation in America and Japan, the article summarizes the useful methods of administering public participation in foreign laws.The third part is water-rights priorities. First, this part discusses the value of water-rights priorities and the principles in establishing water-rights priorities. Then, the article introduces two legislative forms of water-rights priorities order. By comparing water-rights priorities in America and Japan, this article summarizes the common grounds of two countries.The forth part is the transfer of water permits. The measures of administering environment had been changed from commanding measures to economic measures since 1980s. Many countries had taken the measure of transferring water permits under this background. The article discusses the feasibility of water permits transfer from the point of view of law, economics and the sustainable use of water resource. By introducing the situations of water permits transfer in America, Japan and Australia, this article summarizes the common grounds of these countries in the transfer of water permits.The last part of this article is the actuality and improvement of water permit system in China. First, the article introduces the development of water permit system in China, the effects ofadministering the system and the needs of improving the system in China. Then, this article points out the measures to improve the system in public participation, water-rights priorities and transfer of water permits.