Research On Legal System Of Regional Water Rights Trading

Water resources are basic natural resources to people, and they are also importantstrategic resources to a nation. As population growing, rapid development ofeconomy and acceleration of urbanization process, shortage of water resourcesbecomes the bottleneck for the development of economy and society, and the majorchallenge of building a well-off society. According to the results of reforms in theUnited States and other countries, water rights trading system is an effective way tosolve this problem. On the ground of socialist market economy, in order to allocatewater resources efficiently and promote the building of water-saving society,studying theories about water rights and applying them into water market areessential, aswater rights theories will play an important role in market mechanism.Guided by sustainable development theory, this paper relates theories to practicetightly, e.g. the water rights trading between Dongyang city and Yiwu city in China.It makes integrity verification of basic theories about regional water rights trading. Italso brings suggestions to the legal system of regional water rights trading.This paper is divided into five parts.In the first part, it briefly introduces the research background of legal system ofregional water rights trading, and gives a general analysis of the status of waterresources. And then, the practice of regional water rights trading between Dongyangcity and Yiwu city leads to the research of legal system of regional water rightstrading.In the second part, the author defines the concept of water rights. Derived fromownership of water resources, they are a group of independent usufructuary rights.Then is the concept of regional water rights. Regional water rights are the rightsusing water resources according to administrative regions. It reflects interests amongregions. The article also analyzes the meaning of regional water rights trading.Because water resources are scarce, market becomes a major driving force of regional water rights trading, and encouragement from government also is necessaryin this market.In the third part, the author analyzes the necessity and feasibility for legal systemof regional water rights trading from theoretical basis and foundation in reality. Onone hand, establishing legal system of regional water rights trading could makeregional water rights come into reality; on the other hand, the practice of regionalwater rights trading calls for the establishment of legal system of regional waterrights trading. At the same time, practices of regional water rights trading providepractical materials, and direction from national policies makes it possible.In the fourth part, the author analyzes status of the existing legal system ofregional water rights trading from law-making and theory researching angles.At last and the most important part, the author gives advices on legal system ofregional water rights trading. Firstly, it states clear principles for regional waterrights trading. Secondly, it defines the subject and object of regional water rightstrading. As the representative of regional water rights and administrativeorganization, regional government is the most suitable subject in regional waterrights trading. And water rights are the objects. Thirdly, the author suggestscompleting the regional water rights trading system. It should include different levelsof laws and regulations such as "Constitution of the People's Republic of China","Environmental Protection Law" and "Water Law" etc. Law and regulations shouldclearly define the rights and interests of local governments, make procedures forregional water rights trading, and establish principles of compensation for thirdparties. Water price is essential in water rights trading. Proper water price of regionalwater rights should contain three parts, water price of resource, engineer andenvironment. In the paper, the author does preliminary research of determining theprice in regional water rights trading, which may need to be further perfected in thefuture.