Study On The Law System Of Agricutural Water Righs Allocationces In China

Looking from the various countries that, the system of water rights starting with the development is an inevitable tendency, it also day by day expands in the water resources disposition function. The system of water rights adapted the modern market economy and the sustainable development theory need, its contains humanism idea and so on efficiency, equality, cooperation, has represented the water resources disposition management system development direction in the certain significance. In addition, the system of water rights is enhancing the water resources the optimized disposition, the realization saves water the drive aspect to have the quality and the function which other water resources disposition control system cannot be substituted .Along with our country correlation water rights theory discussion gradually thorough, the theory of water rights is specifically thin and the practice operates the focal point which into the people pays attention. Agricultural water rights system was the recent year doubles the country is taken, but theory discussion less parts. The agricultural water rights disposition is water rights this important system basic constituent part, therefore has the necessity theoretically to perform the bright .legal science to take one kind of response discipline, its research must pay attention to the Chinese realistic question the solution, should safeguard for the agricultural water rights disposition .The paper embarks from the Chinese agriculture water rights characteristic, the synthesis utilization legal science, the economic, discipline knowledge and so on the management study, uses the value analytic method, the system analytic method and the real diagnosis analysis and so on many kinds of research technique. And take the Wu River basin water rights system in agricultural water rights disposition as the object, proposed for our country agriculture water rights disposition and its the legal safeguard system the constructive suggestion, and imitates"Dialogue------Confine------Trust "as a platform, the design agriculturewater rights disposition procedure frame, namely the safeguard right, the restriction authority, the promotion authority and the right dialogue and from this achieves the benign interaction pattern which between the two altogether believes .(1) This paper in inspects the Chinese and foreign water rights system in the process, in swallows anything and everything uncritically in the foundation has carried on the system elaboration to the agricultural water rights disposition, and has analyzed the agricultural water rights disposition pattern, and draws the conclusion .(2) This paper clear agriculture water rights disposition foundation, proposed the establishment correlation law system performs to safeguard, and carried on to the agricultural water rights disposition entity attribute has promulgated .(3) With "Dialogue------Confine------Trust "as a platform, borrows the legalproceeding the thought, has designed the agricultural water rights disposition legalsafeguard movement pattern, disposes this system with the agricultural water resources mutually is the outside and inside, complements one another, this is this article important innovation.(4) This paper has developed the legal research area and the space, causes it to be richer in the content. At present the system of water rights research only is restricted in to its elementary theory deliberating, are less to the example research, this article utilizes the legal safeguard system in the Wu River basin agriculture water rights construction, for the example research proposed the constructive opinion, provides the beneficial reference for the consummation agriculture water rights system construction.