The Discussion On The Contract Of Water Rights Transfer

Water resource has ecological and economic functions and values.Whether it can be utilized sustainable is the precondition of the sustainable development of the society. The Water resource of our country is very deficient, which has already become the import factor of restricting social and economic sustainable development of our country. The lack of property consciousness of water resource management and the failure of setting up the market system of water rights transactions are important reasons to cause the problem of water resource of our country.The contract of water rights transfer is a new civil contract. It is the common choice of all of the countries in the world in the administrative area of water resource with the background that the public law penetrating the private law. The contract of water rights transfer not only has the characteristic of conventional civil law, but also has the relativity of contract, the self-rule of meaning. Now, the Law of our country has not touched the contract of water rights transfer, which can't meet the need of the developing practice.The paper is composing of four parts as follows:The first section explains what water right is and what the contract of water rights transfer is. The second section demonstrates the need and feasibility of the contract of water rights transfer under the formal practice and the theoretic analyze. The fourth section analyzes the characteristic of the contract of water rights transfer. The contract of water rights transfer not only has the characteristic of private benefit, but also has the characteristic of public benefit. It can realize the aim of the water environmental protect. The last section constructs the contract of water rights transfer from main body system, behavior system.