Thinking Of Improving Water Rights Trading Legislation In China

With the social economic development, the demand for water isincreasing. The increasing demand for water makes water resourcebecome one of the rare and short natural resources among the world.Against such background, the water resource should be well allocated torealize sustainable development. The water resource of our country isvery deficient which has already become the important factor of restrictingsocial and economic sustainable development of our country. Accordingto such present results of study and the trend of reforming in foreigncountries, such as the U.S.A., Australia and Chile, the setting-up ofwater rights system is regarded as the effective way of solving thisproblem. Because water fights trading is at the stage of experiment in ourcountry, interrelated laws and regulations have not been perfected. As aneconomic way to allocate water resource rationally, water fights tradinghave not played its proper role.How to set up the law system of water rights trading becomes one ofthe focuses of theoretical research of environmental law in our country.This thesis applies standard analysis, empirical analysis and logicalanalysis methods to probe into the law system of water rights trading andgives some advice on the perfecting of legislation of such law system.Firstly, the thesis has explained the basic conceptions of water rights andwater rights trading. It considers that water rights are the rights ofnonowners of water resource to use and earn from the surface andunderground water, which do not include the ownership of water resource.Basing on these conceptions, the thesis provides the significance of waterrights trading. Secondly, the thesis introduces some records of waterrights trading in our country and points out some defects of the systems by analyzing these records and systems. Thirdly, the thesis introduces thewater rights trading systems of foreign countries and sums up theirexperience of trading. For example, the thesis points out that "waterbank" in America is the tool of macroscopic domination, which has manypositive effects: stabilizing the run-off,maintaining the water quality andsupplying habitats for the aquatic animals. Finally, in view of the state ofour country, the thesis provides some advice of perfecting the legislationof water rights trading, suggests the ways to amend current lawsinterrelated with trading and drafts《interim regulation of water rightstrading》. Those advice includes: define the subjects of water rightstrading correctly, make the nature of water disputes settlement clearly,set the principles and procedures of trading and so on.