Research On The Water Right Transfer Legal System Of China

Crisis of water resources is now the major problems facing mankind, is also a bottleneckof restricting China’s economic and social development, under the current conditions ofexploitation and utilization of water resources, improve water use efficiency, optimalallocation of resources is imperative. Optimal allocation of water resources is under thecondition of market economy, based on water right system of reasonable operation, transfer ofwater rights is the core element of this system. But now face a theoretical discussion on waterright transfer in China, Problem of lack of water right transfer system at national level, waterright transfer theory is the basis for establishment of water right transfer legal system andestablishment of water right transfer law system is not only the construction of "type two"important social security, as well as resource optimization configuration, and important wayto improve the efficiency of water use in the new era, therefore it is necessary to perfect thesystem of water right transfer in China. I passed basic theory analysis on the transfer of theright to water, as well as discussion on legal system established for the transfer of the right towater, combined with the realities in China, came to the following conclusion.Read this article about water right transfer system at home and abroad studies carried outon the basis of the analysis, that solving domestic theoretical circles regarding differences ofwater right. The right to water is divided into general and special, and then through the legalsystem of water right transfer in its analysis of the nature of that research was mainly in thenarrow sense of water right. And should follow the basic principles of establishing water righttransfer system: combination of the principles of sustainable development, governmentregulation and market mechanisms principle, the principle of balance between fair andefficiency, ecological first principle and analysis of system elements constitute theestablishment. Second experience of some foreign countries on this system combinationanalysis and present situation of water right transfer in China, thinks system of water righttransfer in China due to a late start and more affected by the planned economy system, andfacing main problems include: a lack of unified legal forms is the national level, and is unableto correctly handle the relationship between Government and market, third is the absence ofthird-party organizations and failed to function properly, At last the author on perfection ofChinese water right transfer system framework design, first analysis of the necessity of water right transfer system and the perfection of the subject and object of these elements, focuses onthe operational mechanism of the legal system of water right transfer in China improved,including water transfer of title registration systems, water right transferring announcementsystem, third-party interests and compensation system. Analysis of the price mechanism forthe transfer of water rights, of reasonable water price design components and patterns.