The Study Of Water Rights System

Water is the source of life as well as the indispensable resources to human survival andsocial development. Under the background of global water crisis,the water resources hasbecome one of the important factors for the sustainable development of modern society.With the development of our socialist market economy and the improvement of economicmarketization, the water property rights system formed under the traditional plannedeconomic system does not adapt to the needs of the market economy. While the water lawhas regulated that the water resources shall be owned by the state, the rights of waterresources utilization, management, benefits and transfer are not clearly defined, thus waterrights are not clear.Because of the unclear property right, the external diseconomy is hard to avoid in theprocess of water resource utilization. So only with the clear definition of water rightthrough water right system innovation and the perfection of the legal system of water rightsas well as water rights transaction in accordance with law can the problem of wastingwater and water environment deterioration be fundamentally solved.Then the sustainableutilization of water resources can be realized. Since2000, parts of our country have carriedout the water rights transaction pilot, and there have been some actual water rights tradingcases which obtained certain achievement. But overall, theoretical system of water rightsare not formed at present and it lacks the support of extensive practical experience.Framework of our country’s existing legal system still exists many problems, forinstance,the definition of water rights is divided,the properties of water rights arecontroversial and the water right trading legislation is blank, etc. Experts and scholars fromall walks of life are still trying their best. Therefore, a better water rights system isimperative to realize the sustainable and efficient utilization of water resources.