Research On Construction Of Tradable Water Rights Legal System Of Our Country

Water resource is a kind of precious natural resource with both economic and ecological values.Along with social progress and economic development, the relation of water and human development is increasingly close, and water has become one of the most important resources.In our country, the present distribution of water resource is basically government's administrative action and continuation of planned economic system, and water resource is nearly regarded as a public resource used by free or low recompensation, which results in on the one hand serious shortage of water resource, on the other hand the phenomenon of reckless waste of water resource. Therefore, the way which purely depends upon the administrative method to the water resource distribution, has not been adapted to the development of socialist market economy. The key to solve China's water problem is to construct a tradable water rights legal system with distribution of water resource through market. In the world, the tradable water rights legal system as an outlet of reform of system of development and management of water resource, has become many nations'successful practice. Starting from this point of view, the thesis sets off theoretic research on how to construct the tradable water rights legal system in our country.The research on water rights in our country starting late, the reform of water rights system being at seed stage,and the laws and regulations of water rights trade not being formulated, the construction of tradable water rights legal system has become a new problem to solve in the development of our country's socialist market economy. The analysis of basic theories of water rights, reason of emergence of the tradable water rights and the presupposition of constructing a tradable water rights system forms comprehensive understanding of the tradable water rights system.By dissecting the present situation and defects of water rights system of our country and considering the present situation of utilizing water resource, the thesis puts forward theoretically several elementary proposals for constructing the water rights legal system of our country. The thesis is mainly divided into three parts. In the first part, the thesis firstly explains the basic theories of water rights, which includes the concept and the characteristics of water rights ,and orientates water rights as a new-type usufrust on the civil law.By elaborating the reason of emergence of the tradable water rights,the thesis puts forward the proposal that the tradable water rights system is an effective way of enhancing efficiency of distribution and utilization of water resource,and analyzes orientation of water rights as the presupposition of constructing the tradable water rights system. In the second part, the thesis first introduces the present situation of water rights system of our country,then dissects the defects of hindering the trade of water rights in the water rights system of our country in the light of the conditions of constructing the tradable water rights system. In the third part,by making use of the theories and experiences of orientating water rights from USA, and considering the present situation of utilizing water resource,the thesis trys to orientate water rights clearly by legislation,and then construct all-sidedly the tradable water rights legal system of our country from the aspects of establishment and standardization of trade market of water rights and system of water rights price.