Search On The Legal System Of Tradable Water Rights

Water resource is a kind of fundamentally natural resource and strategically economical resource. And it is also a controlling factor for the ecologe and environment. With the development of global industrialization in recent years, water resouce crisis han been increasingly evident to the human beings.The water crisis has become a big problem of hindering the development of human civilization. How to solve the problem of water shortage has become an important commom subject that each country is now facing and in urgent of handling. I choose the researching subject based on this background. As the actting point of water resoure better configuration saving water as the goal and analyzing to historial experience of ancient China and20th century China,at the meantime comparing the much mature water transfer theory of other countries, to achieve the definition of water right concept and get the fruit of theoretical conclusion and analysis upon China’s water right transfer system in the logal perspective. From the perspective of economics, the establishment of legal system of transfer of water right is reasonable.Through the analysis on natural environment of China,we can conclude that it is also available. And,there have occurred several practices on it for the past days.Referring to the successful experiences of western countries dealing with this problem our country should permit the trade in the right to use water going on state-ownde water resources premise.Through analysis the definition and characteristics of the tradable water rights, clearitify that the tradable water rights is the right to use a new usufructuary right, made in China’s socialist market economic reforms, the state should allow and encourage such water rights trading.Then,the paper introduces the experience of the water right trade in the western countries and enlightenment for China emphatically.And also,the author gives the anatomy of our cuntries ande analyses the significance and obstacle of water right trade.In the last,under the theory of quasi-property, I make the theoretical analysis and institutional design for the legal system of transfor of water right.