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Discuss The Legal System Of Water Rights Trading In China

Posted on:2019-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:G Y ChenFull Text:PDF
GTID:2416330545980898Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the development of global economy,many countries have made a serious mistake,which focus on the rapid development of economy,while ignoring the protection of environment and energy,make the world are suffering from environmental problems and less number of effective energy began to constantly.Countries are trying to find ways to ease the pressure on energy.China is rich in land,resources and fresh water.However,China's population is the first in the world,and its large population makes the per capita water supply of China not advantageous.Water resources a country has a close relationship with the future of survival,in order to relieve the pressure on our country's water resources nervous,saving water resources in our country,improve the efficiency of water use,you need to clear the development of the water right system in our country.Apart from the initial introduction and the final conclusion,this paper is mainly divided into four parts.The following four parts are introduced:The first part is an overview of water rights and water rights transactions.The object of water rights is more special,is the water resource is closely related to people's life,is people can direct contact with the water,but water rights as a kind of intangible rights,and also to be enjoyed by people.Water rights is mainly made up of the ownership of water resources and water resources use,right to the use of water rights trading main trading is water,and water resources use right is divided into water consumption and the consumption of water two kinds.In the legal relationship of water right transaction,the transaction main body mainly for the government and the water,and the object of trading for naturally meet a certain quantity and quality of water resources,the content of the trading mainly trade both sides in the whole process of water right transaction enjoy the rights and obligations must travel.Types of water right transaction also has a lot of kinds,specific can be divided into ordinary water between the water rights trading,and related industries between the water rights trading,between different regions of cross-regional water right trading and cross between different river basin water rights trading and so on.The second part mainly elaborated the basic situation of the water rights trading abroad and our country can draw lessons from the content,through to the United States,Australia,Chile,Mexico,Peru,and other countries of the water rights trading system to comb,it sums up the advantages of these countries in the process of water rights trading.For example,the "water bank" and water rights consulting companies established in the United States are managed through shareholding system,which can bring the maximum economic benefit of water resources.Through carding the national water rights system as you can see,in terms of water right system in our country,we can first learn foreign experience in legislation,perfect the relevant laws on water right system.Moreover,in order to standardize the water right transaction and facilitate the government's supervision,a water right transaction registration system can be established to clarify the ownership of water resources and establish a reasonable water price system.The third part mainly elaborated the present practice of water right transaction,select the first cross-regional water diversion of typical cases,namely "yiwu,dongyang model",for our subsequent water rights trading has good exemplary role.The "ningxia Inner Mongolia model" in which agriculture transfers water rights to industrial enterprises,through the introduction of water rights transaction,is the biggest saving of water use in industry and agriculture,and improves the utilization efficiency of water resources.Water vote "zhang ye,gansu province model" of the deal,zhang ye starting from the actual situation of local government,make water scheme,in line with the local water resources sustainable development of water resources allocation adjustment to change zhang ye inhabitants of the water used to indirectly,narrowing the water volume of local residents,which greatly improved the situation of water resources is wasted before.The system has helped local villagers realize that water is no longer free.These are classic water rights trading cases.By offering to take method number documents issued by the ministry of water resources in April 2016,the "interim measures for the water rights transaction management",which leads to the current water rights trading system in our country has failed to solve the problem,like the allocation of agricultural water rights,water rights trading in the process of the need to abide by the rules,for agricultural water,how do you determine the revenue at the time of transfer,and how to better protect the interests of farmers,and in the water right transfer should be how to dock with the local ecological system,for the fourth part of the solution.The fourth part,from the initial water rights distribution and water rights trading two aspects to improve China's current water rights trading system,one by one to solve the problems raised in the third part.And puts forward four Suggestions,at that time should be from the aspects of theory and practice to constantly perfect water right system,the construction of the different levels of water rights trading platform,eliminate obstacles of water right transaction,reference the theories and techniques to continuously enrich the water rights trading system.Second,from the perspective of practice,we can establish a "top-down" and "bottom-up" water rights trading platform and accumulate experience in practice.Third,the implementation conditions of water right system practice should be improved continuously.Four is about the construction of the water right system has a long-term psychological preparation,realize that this is not a short-term project,but the plan have plans for long-term planning,in the process of practice should be slow and steady,one step at a time,so that the development of the water right system in our country successfully,the benefit of the whole society.
Keywords/Search Tags:water right, water rights trading, water rights trading legal system
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