| Water resource is a kind of important resource to the production and subsistence,and it is rather a national strategic resource. The increasing demand for water resources is with China's rapid economic development,but the country's water resources per person is below the world average,and water resources is in serious imbalance on the distribution in time and space,water pollution and destruction events have occurred and they cause the extremely serious situation for the development,use and protection of water resource in China. Water rights trading system fit the requirements and the development of market economy and it can effectively solve the contradiction between supply and demanding of water resources. China's water rights trading practices already exist,but our theory of water rights trading and water rights legal system is not perfect. This paper describes the basic theory of water rights and water rights trading,analyzes the status and problems of water rights trading system,briefly introduce water rights trading systems in foreign countries and the experience of revelation to our country. Combined with China's specific national conditions,the author gives a complete set of water rights trading regime.The first chapter introduces the basic theory for water rights and water rights trading,including basic concepts,objects and type of water rights and water rights trading. The author believes that the basic principles of water rights trading is the guiding principle of the transfer of the right in the laws and regulations,including the principle of compensation for the use of water resources,the ownership and use of the principle of separation,environmental protection and the principle of sustainable use of macro-control and market economy principles and fairness and the principle of efficiency.Chapter two is to give a brief analysis of water rights trading system status,the author thinks that our current public water rights system is not conducive to the conservation and protection of water resources,and the way of disposing water resources with administrative means results in inefficient use of water resources and the rising costs for water trading. The author believes that our current water rights trading system mainly has the following five aspects of problems:Relevant laws and regulations for water rights trading is imperfect;The pricing of water resources is unreasonable;Water rights trading market supervision and management system is not perfect;Water rights trading system is missing;Water disputes handling mechanism is imperfect.Chapter three gives a brief introduce for water rights trading system in the United States,Australia,Chile and Mexico,the author has to do a proper analysis on this basis and summarize up its strengths and weaknesses,in order to find useful references and to draw attention to this experience for building water rights trading system in our country,and wish that these are in line with national conditions and be well-founded.Chapter four starts from the existing water rights trading system,learn from the advanced experience of foreign water rights trading system and combined with China's specific national conditions based on the relevant laws and regulations,to establish a scientific and reasonable water price-setting mechanism,to improve the water rights trading and the water rights trading market supervision and management system,to establish water rights trading system and to improve the water disputes handling mechanism,to establish water rights trading registration system and to improve the legal system of water rights trading contract. The goals of these five aspects are of the building and improving our water rights trading regime. |
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