Research On The Law System Of The Transfer Of Water Rights

Water resource is a kind of fundamentally natural resource and strategically economical resource. And it is also a controlling factor for the ecology & environment. With the development of industrialization in recent years, water resource crisis has been an alarm to the human beings. The contradiction between supply and demand of water resource has been more and more apparent. How to solve the problem of water resource shortage, has become an important common subject that each country is now facing and in urgent of handling. I choose the researching subject based on this background. As the cutting point of water resource second-time configuration, saving water as the goal and analyzing the historical experience of ancient China & 20^th century China, at the meantime, comparing the much mature water transfer theory of the US and Australia, to achieve the definition of water right concept, and get the fruit of theoretical conclusion & analysis upon China's water right transfer system in the legal perspective. From the perspective of economics, the establishment of legal system of transfer of water right is reasonable. Through the analysis on the natural environment of China, we can conclude that it is also available. And, there have occurred several practices on it for the past days. As far as the legal system of transfer of water right, this proper study on it from six sides. They include the definition of water right, analysis of legal relationship with transfer of water right. In additional, they also include the fundamental principles, registration in law, making information public to the people and right remedies of transfer of water right. Definitude of property rights is the preconditions for transferring of water right. So, this proper has defined the water right and analyzed the legal characteristics of it. Then, make the conclusion that the right of water belongs to the category of quasi-property. In the last, under the theory of quasi-property, I make the theoretical analysis and institutional design for the legal system of transfer of water right.