The Study On The Allocation Of Water Rights In Rural Area Of China From The Perspective Of The Water-Saving Society

Severe shortage of water is really a basic fact,which has become a bottleneck to coordinated economic and social development in China.To change the situation,the construction of the Water-saving Society as a strategic decision was raised.It is the inevitable requirement to protect the economy and society of China to develop harmoniously.The lack of water is equally the difficulty faced by rural agricultural development. Agriculture is the foundation of the national economy, but also a weak industry, coupled with the impact of China’s urban-rural dual economic structure.In the vast rural areas, characteristics of the laws and regulations and real situation of allocation of water rights, and the resulting problems are different from those of other regions. Based on this, the article attempts to aim at rural water rights and allocation of water rights,and explore the model of the combination of government and marketing allocation based the premise of clear water rights and its related legal issues.It is hoped that reasonable allocation of rural water right can really improve water utilization and promote the harmonious development of economy and society.The construction of the Water-saving Society is a realistic background of the article, highlighting its advocacy of the theory about water rights and the water market. At the beginning the author explains the connotations of the water-saving society,and extracts the inner link of the water-saving society and the allocation of rural water rights.Then the author comes to the conclusions that the water-saving society is a system based on water rights and the market of water rights,and the construction of the Water-saving Society belongs to the field of economic law.The clear water rights are the foundation and core of the allocation of water rights in rural areas,so in this article the ownership of rural water resource is specifically researched combined with the existing legal provisions. Water Resource is owned by the State under the Water Act provisions, and rural water rights (the right to use)can be achieved in two ways:by legal and by admission.Clear ownership of water resource provides an important guarantee for the establishment of the market of water rights and the development of the circulation of water rights. However, when the rural collective economic organization is the body of the water rights,the body is undefined in practice,which has also led to a series of social problems,and need to be perfected.This paper focuses on the promotion and application of the theory of water rights in the allocation of water resource in rural areas on the basis of clear ownership.The allocation of water rights in rural areas can be divided into two ways,and they are the government’s and the marketing allocation.The government’s allocation is researched in chapters Ⅱ and IV. First,define the meaning and the way of the allocation of rural water rights,and elaborate the theoretical foundation and the basic principles of the allocation of rural water rights.Second,there are probloms about the government’s allocation of rural water rights,such as heavy administrative tendency.The author advances two measures to resolve the problems,for example,establish irrigation management units as an independent legal person to protect water resource;coordinate the government’s two roles,which is played as the ownership of water resource and the body who has the right to intervene.It is very necessary to put the marketing allocation into practice.But there are problems in the legislation and the process of implementation about China’s marketing allocation of water rights in rural areas, such as the absence of legislation on water-right-trading system, the price of water does not reflect the supply and demand relationship. To solve these problems, I focused the cases in practice of the marketing allocation.It is hoped that the the typical experience could be beneficial to actively promote the marketing allocation.At last, the author suggests that the legislation,the establishment of water-saving incentive system and the government’s reasonable intervention need to be improved.