Research On Water Rights Trading Problem And Its Countermeasure In Guizhou Province

This paper studies water resources issues from the perspective of water administration.Water is the source of human life,the basic condition for human survival,and basic natural resources and strategic economic resources.In the early stage of human civilization with underdeveloped productivity,the contradiction between water resources and human needs was not obvious.People believed that water resources were public resources,which led to the crisis of “tragedy in the commons”.Since the beginning of the industrial age,the gap of available water resources worldwide and the unlimited human demand for water have gradually increased.China is also one of the 13 countries with the most water shortage in the world,and the per capita freshwater resources are only a quarter of the world's per capita level.In the process of further deepening reform and opening up in China,the demand for water resources is increasing.Due to the limited number of water resources,the spatial and temporal distribution is uneven.The exploration of water rights transactions has emerged in the economic activities of various regions,and it has become inevitable for each water rights subject to introduce water resources allocation through the market.Since the 1960 s,water rights reforms have been implemented in many countries.The water rights system takes on a variety of forms,including riparian rights systems,priority occupancy rights systems,public water rights systems,customary water rights systems,and mixed water rights systems.From the perspective of foreign practice,the American water rights system represents a water rights system based on private rights,while the Israeli water rights system is a water rights system based on public rights.The Party Central Committee and the State Council of China attach great importance to the construction of water rights and water markets,and have made overall arrangements for promoting the construction of water rights systems and cultivating water rights trading markets.On October 22,2000,the report "Water Rights and Water Markets-On Economic Means for Realizing the Optimal Allocation of Water Resources" of Minister of Water Resources Wang Shucheng was published,which promoted the research and practice of water rights conversion and water rights trading mode with the goal of realizing the optimal allocation of resources.In January 2005,the promulgation and implementation of the "Several Opinions on Water Rights Transfer" by the Ministry of Water Resources marked the start of the construction of China's water rights trading market.On April 19,2016,the Ministry of Water Resources issued the "Interim Measures for the Administration of Water Right Transactions." Since the end of the last century and the beginning of this century,the practice of water rights transactions has been explored in many regions of China,and a number of water rights trading examples have emerged,such as Dongyang-Yiwu water rights transactions in Zhejiang Province and flood water irrigation areas in Zhangye City,Gansu Province,which have accumulated valuable experience for the reform of water rights system in China.In 2011,the Guizhou Provincial Party Committee and the Provincial Government "Opinions on Accelerating the Reform and Development of Water Conservancy" put forward a clear requirement of "encourage the transfer of water rights and vigorously cultivate the water rights trading market." In July 2018,the Guizhou Provincial Department of Water Resources organized eight pilot counties to carry out pilot work on water rights confirmation and water rights trading.This paper mainly useed the comparative analysis to study the marketization of water rights through the comparison of domestic and foreign water rights trading cases.The main research contents include: 1.The characteristics of water resources.This involves the natural and social attributes of water resources;2.As a public resource,how can water resources have the attributes of commodities;3.After having the conditions to become commodities,what external conditions are needed to achieve the free circulation among the subjects of rights.In view of the above problems,this paper investigates the common resource characteristics of water resources.With the development of modern economic society and science and technology,the exclusiveness of water resources is gradually strengthened and becomes a quasi-public good.At the same time,water resources are also divisible and tradable.Its ownership and use rights are further separated.The clarity of property rights and the protection of national laws have given water rights the initial conditions to become commodities.However,due to various factors,it is impossible for the water market to leave the government's macro-control,and it can only be a quasi-market.Through comparing the advantages and disadvantages of the four models of the United States,Israel,Japan and Australia,two cases of Dongyang-Yiwu,Zhejiang Province,and the flood water irrigation district of Zhangye City,Gansu Province,and three water rights trading pilot projects in Xifeng County,Weining County,and Guanling County in Guizhou,the differences in water rights trading systems under different systems and different economies were analyzed.On the basis of the above research,four countermeasures such as “Improving the initial allocation of water rights” and four conclusions such as “The definition of initial water rights are the prerequisites for water rights transactions” and other four conclusions were proposed.The initial definition of water rights,the market management of water rights,and the construction of water resources management system were discussed.