Reflections On Legal Science Over Water Rights Trading In China

As the source of life, water plays a very important role in human survival and development. However, the situation of water resource in China is not optimistic. Due to waste of water, water supply is decreasing. Besides, because water distribution is not balanced and water ecological are deteriorating, China's sustainable development have being hindering. Therefore, in the face of such prominent water crisis, we have to think of water rights system, to figure out a way to scientific and reasonable utilization, development and protection of water resources. While water right transaction system is accepted in some countries, for it can improve the utilization ratio of water resources, Optimization of water resources allocation. Based on the concept, forms and features, this article analyzes the water rights system. The full text is divided into four parts except the foreword and conclusion.The first part is the foundation of text. It starts from concept of water rights. The water rights are the basic concept. But its concept is disunity among scholars at home and abroad. Therefore, we need define concept of the water right transaction before talking about it. To define it, the author summarized some domestic and foreign representative theory about the water rights definition. It is another key of this article that the research about real value of water right transaction. The author explain the real value of water rights trading system and the great significance of water right transaction system, through the present situation, the practice of water right transaction, the necessity of establishment water rights market and the feasibility of establishment of water rights market.The second part is the Theoretical basis of text. The author supports the theory by legal basis and economic basis. Because water right transaction process involving many economic area, the related economic theory, including resource scarcity, public choice theory, "externalities" theory and social cost theory, is introduced in four aspects. Legal basis is divided into general theory and theory of environmental and resources law. The former provides the basis for water right transaction from order, benefit and fairness.The third part is about experience and enlightenment of water right transaction. In China,water right transaction system is still a new one, but there are relative perfect theory and practical experience in some countries. If our country implement water right transaction,it is likely to meet the same problems about the implementation of water right transaction confronted of developed country. These are worthy of our learning and thinking how to combine the water right transaction commonness with national conditions. Through introduced the water right transaction system in the United States, Australia and Chile, The author concluded that water right transaction system construction need to combine theory with own national conditions, legislate water right transaction, establish water right transaction registration system, clarify the ownership of water resources, pay attention to the protection of water environment and third-party benefits in water right transaction, build a reasonable water price system and win the support from the public.The forth part is on thinking and Suggestions about our country's legal system of water right transaction. Based on above discuss, the author, through the combination of the reference of foreign experience and China's national conditions, concluded suggestions about construct and perfect of water right transaction legal system. This section is divided into three parts.