The Legally Analyze Of The Water Right

The water which is a life sustaining and basic material is the important resources of the social economic development and the key factor of the ecosystem environments. How ever, water resource is very limited and unevenly spread in China. The water right system is one kind system which not only includes the ownership of the water resources of the state but also the acquiring, using, transferring of water resources to private. The construction of the water right system is an importance part of socialism market economy. The present law concerning water right of the current method is too simple and crude, the water right theories is poor and unproductive. Therefore, this text based on the current research status of water right. It discusses the basic theory and establishment of legal system of water rights by history analysis, comparison analytical and economic analytical method.The article concludes three parts to research the water right problem by the numbers.The first part mainly studied the concept and the character of the water rights. It comes to its conclusion by introduce different theory: water right is a kind of special using right which independent from the water resources ownership' s right and is one kind of the using and benefit of the water resources, which is one kind of the Semi-property rights and is one kind private rights that has the pubulic rights property. water entitlement right is an important part to the water right.The second part researches the legal relationship of the water rights. This part researches the subject, object and main contents of the water right. The subject of the water rights should be incorporation, enterprise, corporation aggregate and natural person. The object of the water rights is the resources water and the product water, which is special. Finally, we introduce the relations between the water right and the related rights.The third part carries on the analysis to the acquiring and the transferring of water rights. The water right bargain is to carry out the water resources reasonable install efficiently, which is the valid means solving the antinomy of the supply and demand. The acquiring of the water right is the premise and foundations for transferring of water right. In our country, there are the objective demand and the material foundations for the transferring of water right already. There are few laws and policy concerning the transferring of water right currently. This paper points out a few problems which need of thorough researching and sets up the thinking of the water right law system in our country from now on.