The Legal System Of Water Right Trading In Our Country

Eighteen big points out that our party should take the initiative for testing water right trade,18 shows that the third plenary session of the center of the reform in order to solve the connection between the government and market,scientific has a direct impact on the market in resource allocation stage,attaches great importance to better reflect the government’s administrative function.Water is the source of life,both exist certain economic significance and ecological impacts of natural things,but also one of the important resources of our country and even global limited,in the stage of individual existence and progress has a critical value.But based on the analysis of the development of China’s water resources situation,the situation is more serious,one is the overall water resources quantity is falling and the second is human factors lead to huge amounts of waste,coupled with the layout of the water resources is not balanced,water ecological damage,to a great extent,influences the sustainable progress of Chinese society.Water resource is limited,but it is irreplaceable in human survival and development of a basic natural resource and wealth,with the increase of the social development and science and technology power individuals gradually realized that water has important significance.Scarce water resources to provide level and the needs of the growing conflict,make people gradually looking for scientific approach to the optimal allocation of water resources,make it better for social,economic and ecological sustainable operation,to achieve the target of water cycle applications.Therefore,we must study the water rights system in order to find an important way to ensure the sustainable operation of water resources.Conflict caused by inadequate water resources supply and demand in our country,to become one of the main limiting factor of economic development and social progress,a single rely on government intervention was carried out on the water resources allocation and regulation,does not conform to the demand of socialist market economy operation.Scientific allocation of water resources for processing and is a main way to solve the conflict of water resources supply and demand,how to adjust water resources distribution region,with the help of market promotion of water use good,gradually getting people’s attention.Based on current analysis and improvement trends in other countries,the combination of government and market is the effective way to deal with this problem.This means allowing water rights to be lawfully traded under all conditions of the water state.In addition to the introduction and conclusion,the main parts of this article are divided into four parts:The first chapter focuses on the specific implications of water rights and water rights transactions.This part mainly by summing up the school’s point of view,to clarify the specific meaning of water rights,which leads to the below,lays the foundation for water rights trading system existence question below.The second chapter introduces the present situation and main problems of the legislation of water rights trading system in China.It also introduces the specific situation of the legal system of water rights trading in China and the shortage of the legal mechanism of water rights trading.Lack of legal mechanism of water right transaction in our country are:aimed at the unclear definition of water rights right subject,weak supervision and management system of water right transaction,has yet to establish the water rights trading information system,the unreasonable water price forming mechanism,water dispute processing mechanism is not sound.The cause of the problems existed in the water rights trading system in China is mainly the unified management of river basin become a mere formality result in initial water right distribution exist problems of water rights trading,lack of detailed concrete system design and the lack of relevant legal relief mechanism.The third chapter expounds the basic situation of the foreign water rights trading mechanism and the contents that China can borrow from.The study of foreign water rights trading mechanisms is mainly the United States,Chile,Mexico and Australia.Water right system in these countries give us important enlightenment is:through the legislation form specification of water right trading activities,the construction of water rights trading mechanism to contact country specific conditions,constructing water rights trade registration mechanism,to determine the water power belongs to,monitor and protect the water rights education stage of water resources and other rights of the subject,build scientific water price system,to obtain public recognition.It also observes the classic case of the successful practice of water rights trading in China.Such as "yiwu,dongyang model","mode of ningxia,Inner Mongolia","gansu province zhang ye model" the three typical case raises below water right transaction,to build China’s water rights trading.The four chapter focuses on the construction of water rights trading system in China.From the principle of clear water right trade,building the law of water right transaction,establish scientific and reasonable water price setting mechanism,build and improve the mechanism of water right transaction registration,to establish system of water right trade disputes.