Water Right And Water Right System Design

With the increasing of the population and the development of the industry and agriculture, the water resource in our country has been becoming less and less. In the meantime, for the imbalance of the distribution and the disharmony with the population and the infield, the inconsistency between supplies and demands has been very outstanding. There is more and more water having been wasted. It is the most important thing to use the water effectively and to realize the continual development. This thesis will analyze the problems of the water resource on the basis of the property right and bring forward some feasible projects.The first section is introduction. It includes the purpose and significance of selecting the subject, research objective, research methods, main content of research and conclusions and innovations. For one thing, this section introduces that the theory and the systems of water rights are not in accord with the use and protection of water resources. For another, by research on the actuality the thesis points the importance of water right.The second section analyses the meaning, properties and definition of water right. Water right is the result of the application of the property right theory in water resource. Therefore, according to the property right theory, the connotation of water right is clearly defined at first. That is, water right amounts to proprietorship and use right. Then, this section summarizes the properties of water right, which includes non-exclusion,being divided, externality, transferability and imbalance of transferability. Finally, this section analyses the significance of the definition of water right and its contents.The third section analyses the content of water right, which has two parts, that is, studies of water proprietorship and use right. In the first part, the ultimate owner of water are the nation and collectivity. In the second part, water use right should includes using water right , transferring right, mortgage right. Using water right has two possibility that is consuming the water and consuming no water; transferring right has its own inevitability, conditions andprinciples. As for the study of mortgage right, which was not carried out in history, this part analyses its characteristics and its transfer.The forth section is the water right system design. The design is based on the water right theory. This section designs some specific systems on the basis of transparent water rights considering the facts of our country. These systems include as follows,First, the system of proprietorship. According to theory of commission and agent, the national water administrant departments are agents that manage and supervise the water resource according to the law.Second, before the administrative distribution and marketable transfer, the system only regulates the possession of water right, which is the original part in water possession system regulating, including riverside ownership, preferential ownership with pre-empt and with living. From macroscopical to microscopical perspective and from holistic to partial perspective, with the precondition that the prime owner does not change, this part definitely points out the form of the main body in the original distribution of water right.Third, the design of the transferring system of water resource. This part mainly analyses the market of water right. The market of water right is the medium of transferring water right. The keystone is the structure of the water right markets. This part has not only presented the frame, the main body, the object and the construction but also has discussed the supervision. Besides, from the structure of the price of water, this part brings forth some suggestion and the direction of innovation. To comprehend the application of water right, especially the characteristics of the transferable water right, this thesis emphatically analyzes the practice and meaning of the trade of water right by researching the specific case of trade of water right in Ningxia and Mongolia, including the background, the inevitability, the characteristics, the revelation and the suggestions of the trade, and puts forward some suggestions on the basis of the above analysis.Fourth, the system of mortgage of water resources. This part studiesrelated contents of mortgage contracts of water resources. Then it advances the process of mortgage and some problems which needs people's attention. Finally, the part analyses the concepts, characteristics and application of financial mortgage.The fifth part is the system of supervising of water resource. This section analyses the operating pattern of the system of the management of water resources and its shortcomings. This section adopts the Game Theory ,which includes district game, drainage area game and mix game to design the management system of water resources.