| Water is the most active and important matter in nature, and is the basic natural resource and strategic economic resources for the development of human society. The sustainable use of water resources is the paramount guarantee to realize the sustainable development of economic society. In 21st century, the problem of water resources is the biggest problem faced by human beings. Our country is the country that water resources are badly needed, not only is fewness worried about, but also inequality is worried about, the gross amount of water resources is not enough, the distributions in time and areas are seriously uneven, the phenomena of wasting and polluting water resources are still fairly widespread, the problem about lacking of water resources has already become one of great challenges faced by our country to completely achieve the social goal of a comfortable level of living in this country in the coming 20 years, the work of water resources management is faced severe challenges.Water rights system is the basic system to manage water resources in modern times. There are a lot of problems which don't cope with the requirements of water resources management in this country in the aspect of water rights system at present time, how to comply with the intrinsic requirements of sustainable development, promote the transformation of water resources management and use methods, as well as set up and amplify water rights system with the directions of water rights theory, water market theory under the new historical condition is the urgent project laid before us.The theoretical principles of water rights and water system are studied; the value of water rights system is analyzed from relevant concepts and their characteristics of water resources, water rights in this paper. Practical methods of water rights system in some overseas countries have been drawn into this paper, the constructive practice of water rights system in this country has been reviewed, the groping experience since many years has been summarized, and the questions in the construction and practice of current water rights system in this country have been excavated. Basic train of thought and framework to construct the water rights system in this country have been put forward on that basis, opinions on the current main points that are grasped mainly to construct and perfect the water rights system are put forward.The paper is totally divided into five chapters.It is of great significance to understand and grasp the concept and characteristics of water rights in a right way. The basic theories of water resources and water rights have been expounded in chapter one of this paper. Water resources have unique characteristics. At the present time, the construction of water rights theory in this country is still lying in the exploratory stage, opinions on the meaning, content as well as classification of water rights are widely divided, there are some basic opinions such as fist rights theory, second rights theory, third rights theory, fourth rights theory and right restriction theory etc., the debatable focuses are, one is whether the ownership of water resources is included into the concept of water rights or not, the other is whether other rights besides the ownership of water resources can be boiled down to the concept of water rights or not. The author thinks that, the definition of the concept of water rights should accord to the current institution of law system in this country, at the same time it must be suitable to the practice of water resources management. The concept of water rights has been got through analyses: so-called water rights, that is, the persons who possess water rights and the persons who possess the right to use the ownership of water resources and right to use water resources have the right to possess, use, make profits and dispose the right to use water resources.With respect to the attribute of water rights, the author thinks that the basic characteristic of real right and the efficacy of real right are possessed by water right, and it belongs to the category of real right. Compared with the typical nature of real right, water rights has many characteristics, it can be temporarily called quasi real right. Water rights is the right that is established by right holder on others'water resources to take and use water from particular stream for particular purpose, so water rights also is real right for usufruct. Water rights are private rights which have the attribute of public rights.The brief value analyses of water rights system are carried out in chapter two of this paper. The water rights system has the same social attribute and function with other legal systems; it is the method to realize a certain value, the establishment and fulfillment of water rights system are the value selections which are carried out around water resources management. The legal value of the water rights system has been relevantly confirmed with the achievements acquired by the water rights system in this country in the aspect of practice.The advanced experience of water rights system overseas is absorbed, which is of great significance to set up and amplify the water rights system in this country. The experience of water rights system in America, Australia, Japan and other countries is introduced in chapter three. The practice of water rights system in every country has left much inspiration and is worthy of being used as s source for reference.History and convention should be followed in water rights management, it is very necessary to study the histories about water rights management in this country and summarize the practical experience of water rights system. The practice of water rights system in modern and current times in this country has been introduced; the existent problems have been analyzed in chapter four. Under the big background of establishing and perfecting socialist market economy system, the construction of water rights that is taken as the core of water resources management has been continuously promoted and has obtained certain achievements. Water Law, Soil and Water Conservation Law, Flood Control Law, Measures for the Implementation About the Licensing System of Getting Water, Regulations on Administration of Imposing Water Resources Fee and more laws and regulations have been issued and implemented one after another, other regulatory documents including The Directive Specifications on Water Rights Transfer about constructing water rights system have been worked out. The discoveries about the aspects of water rights administration, distribution and transaction have been opened up in some river basins and areas in this country on the bases of the requirements for the development of social economy, and some experience has been accumulated. It is necessary and feasible which water rights distribution is carried out integrated management in river basins and is given integrate distribution, which is considered through summaries; the demand for water in every profession and trade and the potential to save water should be fully balanced in the initial process of water rights distribution; the initial distribution of water rights should be realized through administrative means by government, but the redistribution is no need to adopt administrative means; water market can't be a complete open and free market, water rights transfer should be given necessary restrictions, the method that macroeconomic control by government and market regulation are combined can be carried out.At present time, the situations of water resources and water resources administration are very austere, the existent problems can not be completely settled down by the water rights system, there are problems that no one can afford to neglect in the water rights system it self, which includes that the legal status of water rights are not clear, management system hasn't been completely straighten out, the position of governmental roles should be altered, the assembled construction of base installation should be strengthened.The opinions about constructing and perfecting the water rights system in this country are explained clearly by the author in chapter five of this paper, the goal, principle, constructive routes and implementary procedures of water rights system are put forward, imagines about the constructive framework of the system of water rights distribution and transfer are put forward.The construction of the water rights system in this country needs a continuous process of perfection, some key problems should be mainly grasped and settled down as quickly as possible at present time, so that the constructive process of water rights system is promoted rapidly, the author puts forward that centralized managements of water resources in river basins should be further promoted, the system of water resources management which combines management in river basins and management in districts should be practically put into effect, the functions of basin organization and administrative responsible institution of regional water should be further specified, and other opinions.
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