Issues Research Of Water Rights Transaction In Civil Law Perspective

With economic development and population growth, human demand for water is growing rapidly, water has become one of the most scarce resource worldwide. For the longest time, China has been taking advantage of the administrative measures to allocate water resources, resulting in coexistence of a shortage and wanton waste of the water resources. We need to find an effective way to ease the supply and demand of water in order to achieve sustainable development of water resources. Only to optimize the allocation of water resources through the market mechanism in order to achieve new breakthroughs in the efficient use of water resources which is abroad trend of water rights theory study. Throughout the world, many countries already put the theory into practice in the area of exploring the rational development,utilization and management of water resources and made a lot of theoretical results successfully, by contrast, China’s water rights theory start late, the legal provisions on specific water rights transaction is deficient, not to mention a perfect trading system to protect the water rights. Therefore, further study of water rights trading system has important theoretical and practical significance.The article is divided into four parts, the first part of the "water rights trading and practice in China", recalling the background of water rights trading, defining the conception of water rights trading in civil law; reflecting many water rights trading problems emerging from water rights trading practices in China. The second part of the " civil law base of water rights trading" is from the basic theory of water rights, elaborates the meaning and legal nature of water rights, water rights will be defined as the quasi-real right which is different from the general real right. The third part of the "the current law norms and comparative law of water rights trading", summarizes the provisions relating to the water rights trading scattered in various laws, introduces matured stipulations of water rights trading in foreign law, sum up the value we can learn from the foreign law. The fourth part of "the improvement of the provision of water rights trading from the perspective of civil law", sums up the above analysis, focus on the current condition of China’s water rights transactions, proposes recommendations in the area of the initial allocation of water rights, the legal relationship of water rights trading, rights conflict and how to improve core issues such as civil law mechanism from the perspectives of the civil law in order to be beneficial to build a system of water rights trading.