A Study Of Perfecting The Legal System Of Water Right In China

Water is regarded as the source of life, lifeline of agriculture, and blood of industry. A most active and influential factor in the ecosystem, the water resource is an important environmental resource on which all kinds of lives heavily depend, and is the indispensable material foundation for the social and economic development. In China, water has been provided for free. With the development of the market economy, however, the supply of water cannot meet the ever increasing demand. China boasts a vast amount of water resource, but the amount per capita in China is just a quarter of that in the world. This is further worsened by the uneven distribution of water resource in terms of season and region. So the picture unfolding in front of us is rather disturbing: more than 300 cities, lacking over 16 million tons of water, are facing a water crisis, the sector of agriculture annually suffers on average a loss of 2.5 million tons of grain due to water shortage, and the industry and daily life of people in urban areas are also noticeably affected.This thesis explores the water right in Chinese legal system with a historical and comparative approach. Through studying the historical and social background of Chinese water right, and comparing different legal systems in this regard in different countries, the thesis analyzes Chinese water right in a overall and scientific manner, and offers some practical proposals for the further development of the water right. The writer mainly focuses on the distribution of the water resource by the market system and the trade of water right. The six chapters composing this thesis are as follows:Chapter One An Introduction to the Thesis This part introduces the significance and current situation of Chinese water resource, including the purpose and significance of the thesis. This chapter also briefs the research methods adopted in this thesis, innovations achieved in the process and results we expect.Chapter Two About the water right This part includes the concept, nature and legal aspects of the water right. After reviewing the prevailing opinions, the writer defines the water right as a cluster of rights related to water except for the proprietary right.Chapter Three A Bird View of the Legal Systems for Water Right in Other Countries This chapter, through reviewing other countries'different legal systems for water right adopted today and in the past, draws some lessons for the improvement of corresponding system.Chapter Four The System of Granting the Water Right This system is crucial to the legal system of water right. From the system currently being implemented in China, we may learn the absence of market measures, and come to realize that they deserve an important role in the system.Chapter Five The System of Trading Water Right This part is the central core of the legal system of water right. This chapter theoretically deals with the necessity and feasibility of the system, the legal basis as well as the practice of the trading.Chapter Six The Improvement of the Management System for Water Right A sound management system helps to establish the legal system for water right as soon as possible. A new management system, combining the basin and region management, has been set up in China's new Law of Water, putting an end to the former irrational management system. However, the basin management is far from being completed, and the writer attempts to offer some suggestions for its improvement.