Water Rights System Change Research

Because of the rareness of the water resource, it's effective disposition is significant. Establishment of water right transaction system is to this end. As for a set of rules which both sides of trade observed together, water right transaction system should be chosen for lowering the transaction costs, and it is natural request of disposing water resource effectively. On basis of public and economic quality of the water resource and making evolution as the angle of study, this thesis puts the water right system in a kind of dynamic course, observes the reason, motive force, form and direction of the water right system changes, and make clear that the water right system is a dynamic course of making gradual progress from nonexistence to existence, from administrative permission to registration, from not allowing to permitting transaction, and from administration to market trade.The system changes, property right and state theory are the foundation to analyze the system theory of water right. As a kind of system, especially a kind of legal system, water right's purpose is to push on the economic growth and social development. With the shortage of water resource, the water right produced; and with the rareness aggravating, the water right changed. In the early days, the consumption is too initial to have water right. Only with the development of human society, and along with the water resource changes from plenty to rareness, the water right system may be produced and changed.Every country in the world adopted different but suitable water right system, but most of them employed the priority system. Compared with other water right system, priority system have the quality of exclusiveness, transferability and execution, so it only can give consideration to the interests and needs of each side, but also can be very convenient to carry on the disposition and set up the water right market to make the precious water resource to flow into places where needs it most. However, the priority system limits the trade of water right, reduces the degree of transfer and the market pressure, and as a result, it not bring the efficiency of utilization and need further marketization. This is useful to set up water right system in our country.In our country, it is a kind of common right system arrangement which need the government to dispose water resource. Though a series of management systems implemented for over ten years and made the exclusiveness of water right improve to some extent, but the efficiency is relatively low. At present, the water right system stays in a kind of administrative transaction, not the market transaction, and the protagonist of the system trade is government but not user. The right trade system of water is still in construction, the expected system performance has not displayed, and it need further innovation.We should refer to the experience of foreign water right system, make clear of the defect of our system and set up the innovative system. At first, we should know the intention of water right, analyze the structure of demand and carry out the initial disposition. After that, we should change the government's leading role in the resource distribution, make the government withdraw from the resource distribution field, use the government's function to control the water things effectively and really rely on the market to carry on the water right transaction. Only in this way can we make the water right become a kind of private property right relatively, circulate freely on the market, thus overcome the defect of common right to realize the disposition effectively. Particularly, we should take the following measures: Use the regulation to protect the stability of initial disposition, dispel the unstable quality of water right and avoid the intervene from the common power; Allow the user sell the economized water to obtaining their value, make the water turn from free article into valuble item, and encourage the thrift of water; Implement the progressive price system, make the consumer pay the marg...