Research Of Water Rights Transfer System In China

The article is consisted of four parts: the theoretic basis of water rights transfer system, the necessity of construction of water rights transfer system, the lesson we can draw from foreign countries, and the tentative idea of ours. Specifically, the first part sets up the theoretic basis of water rights transfer system, based on the ethics, economics and law. Among these, the legal theory is mostly emphasized on, elaborating the legal value basis (including order value, benefits value, equal value and efficiency value) and legal system foundation .The second part mainly discussed why the water rights transfer system is the inevitable results of Chinese social development, getting the judgment that"lack of legal system"shows the necessity of constructing water right transfer system in China. The third part mainly draws four suggestions from the introduction and evaluation of the water right transfer systems of the United States, Australia, Chile and Mexico, on how to build water rights transfer system in China.1. Set up a unified water resources management system all over the country as soon as possible, define responsibility between the water management Department of the State Council and district water management department;2. Establish the basic principle and specific regulations of the water rights transfer based on the distinction of the water rights, also pay great attention to the direction of policy;3. Make clear the role and function of the government in the process of water rights transfer;4.Recognize various conflicts of different benefits during the trade and set up proper dispute-resolving system in the future, assuring the trade to be carried on normally and orderly. The fourth part try to construct the basic frame of water rights transfer system in China that best fitted the national condition, discussing the basic principle of water right transfer system, the water rights transfer organizations, the water rights transfer market and the relevant measures to the efficient application of the water rights transfer system.