Research On Law Construction Of Chinese Water Rights System

Water resource has ecological and economic functions and values. Whether it can be utilized sustainable is the precondition of the sustainable development of the society. The water resource of our country is very deficient, which has already become the important factor of restricting social and economic sustainable development of our country. The lack of property consciousness of water resource management and the failure of setting up the market system of water rights transactions, are important reasons to cause the problem of water resource of our country. According to such present results of study and the trend of reforming in the countries as.New Zealand, U.S.A. and the etc., the setting-up of water rights system is regarded as the effective way of solving this problem.The thesis, at first, has explained the basic conception and classification of water rights and orientates water rights as the new-type usufruct on the civil law. It has analyzed the legal characteristic of water rights, which has stated the system function of water rights in optimizing water resource distribution and realizing the plural value of water resource further. It has introduced the main theory of property, which is the theoretical foundation of water rights and has analyzed the influence of property relations to the water rights system. Secondly it has introduced the historical evolution of the water rights system. Then it has made a brief instruction to the legal system of current water rights of China and other countries and has analyzed the defect and deficiency of current water rights system. In addition, it has proposed launching the necessity and feasibility of water rights trade in good time in the course of market economic system reform of our country. The last part, in the foundation of using theory and experience of developed countries such as U.S.A. forreference, tries to definite water rights at legal aspect, assign initial water rights and construct the concrete rule of water rights trade and water price system in law.Because our country hasn't laws and regulations of water rights trade yet and transaction of water rights sprouted just, how to set up the trade system of water rights is the new problem of our country in the market economic development of socialist. This thesis, firstly, makes an introduction and analysis of its theory with historical and comparable method. Then it sets up Chinese water rights system in actual conditions of Chinese water resource utilization. It mainly proves the feasibility how system sets up in theory in order to construct reasonable law structure of water rights. The thesis draws up to set up the system of water rights and water resource market and proposes several elementary proposals, in order to seek advice of you scholars.