Research On Water Rights Transference Legal System Of Our Country

The sustainable development of water resources is the critical content of the harmonious society constructs. Effective water resources supplies have been provided the essential security for the social economic development. Since modern times, the water resources suffer from the serious pollution, the water resources disposition system is even more inopportune and the economical swift and violent development causes to make water serious demand intensify. All those have been caused the contradictory of water resources supply and demand to get more and more serious, and have endangered the economical and ecological security of the country. Now, coordinating by Ministry of Water Conservation, as well as following by many provinces and cities government, the experimental reform of water rights system has been urged the reform of national public water rights system. The author believes that this reform must fall on the basic outlet which to solve the water question, namely it is wise to construct a fresh water resources regulation system that will be able to balance the contradiction of supply and demand in water resources, to resolve the water resources crisis, which means taking water rights transference legal system as the main body of the new system. It is composed of water rights distribution system and water rights conduct system which as a core and water rights consultative system which as a kit. That legal system on water rights transference can regulate the transference of water rights among the country, the governments, the basins and the water-used households, and can optimize water resources disposition by water rights institutional operation. As to water rights distribution system, it is wise to unceasingly consummate the pattern of the water resources development and protection, which has been controlled under the present administration leadership in our country, and to apply the marketing mechanism and the social intermediate organization. Thus water rights disposition system should be more scientific and rational; To construct the constructional water rights management system is to absorb merits from present water rights transference from experiment sites and relatively mature national and local experience on water rights system and further to expand the economic utility but not to constrain the sole water transference form of water rights. Simultaneously establishing water rights consultative system is to realize the efficiency and to safeguard the validity of water rights transference. In all, relying on the state intervention idea in the economical legal science and grasping the thought to advance with the times, we can construct and perfect the Chinese water rights transference legal system for the sake of the merit in the present age and the advantage in the future centuries.