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Research On Legal Issues Related To Water Rights

Posted on:2010-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2166360278472727Subject:Law
Abstract/Summary:PDF Full Text Request
The serious shortage of water resources has been our country's hard problem,which at the same time has become a problem restricting China's economic and social development. In order to cope with the increasingly serious situation, we must step up for theoretical research on the water rights, unifing the understanding of and clarifing the concept of water rights. Based on this,we should establish a perfect system of water rights and enhance the efficiency in the use of water resources to satisfy the economic and social development regarding the water resources demand. For these reasons, the author of this article will make a quite comprehensive and systematic introduction of the water-rights-related legal issues in attempt to build our country's water rights system under the socialist market economic system.This paper is divided into four parts:Part I :The concept of the water rights. First of all,it's the introduction of the notion,nature of the water rights; secondly, it's the introduction of the real right property of the water rights,and the water rights is the special usufructuary right;finally,it's the introduction of the determination,obtaination of the water rightsan,and so on.Part II: The introduction of American and Australia's water rights legal systems.The water rights legal systems of this two nations are worth us studying and using. The United States has already set up a set of comprehensive system of the water rights.In practice, the US has established "the water bank" system and formed the Californian water market,and so on.While Australia's water rights system is as good as America's. In reality, the price of transfer of the water rights is determined completely by the market,and Australia's states pass different laws to manage the water resources in their respective administrative divisions,and so on.Part III: The introduction of the essential factors of the water rights, namely main body,object and content,and so on. The main body of the water rights includes the ownership main body and the main body of the right of use; the water resources is the object of the water rights,while the water commodities is't the object of the water rights;the content of the water rights refers to a variety of water rights and the duty (responsibility)of the people who use the water, including the legal, social, economic and other obligations. These duties which provide the most standardized behaviour patterns for the water rights users relate to one another and close together.Part IV: The introduction of the transfer system of water rights. First of all,it's the concept of the transfer system of water rights; secondly, it's the introduction of the scope of prohibition of the transfer;thirdly, it's the introduction of the transfer contract of water rights; finally,it's the introduction of our country's transfer system of water rights.Part V: The introduction of the present situation and the consummation of our country's five water rights system, namely the theory system of the concept of water rights,the transfer system of water rights,the disposition system of water rights,the administration system of water rights,the water pollution monitoring system,and so on.
Keywords/Search Tags:the water rights, the essential factors of the water rights, the transfer of the water rights, water rights system of foreign countries, the present situation, the consummation
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