Research On The Legal System Of Water Rights Trading In China

Water resources are one of the important factors to realize the sustainable development of society.However,due to the unbalanced spatial and temporal distribution of water resources and the low utilization efficiency of water resources,the contradiction between social development and water resources in China is becoming increasingly serious.In order to meet people's increasing demand within limited resources,we need to allocate water resources scientifically and reasonably.In the practice of water saving in typical foreign countries,we can see that water rights trading is an effective way to improve the imbalance between supply and demand of water resources.However,at present,China's water rights trading system has not yet been established,among which the legal issues such as unclear concept of water rights,unscientific initial allocation of water rights and other legal issues cause water rights trading activities can not be carried out smoothly and water resources utilization can not be effectively improved.Therefore,it is of great significance to study and analyze the problems in the water rights trading system from the perspective of legal regulation to improve the water rights trading system as soon as possible.In this paper,literature law,legal text analysis method,experience summary method,analysis summary method and other main research methods are used to analyze and summarize the legal issues in China's water rights trading system.Finally,constructive measures are put forward to solve these problems.In addition to the introduction and conclusion,the main body of this paper is composed of the following four parts:Firstly,the basic theory of water rights and water rights trading is elaborated.By summarizing the definitions of water rights in various theories,this paper clarifies the basic concepts of water rights,and at the same time expresses its own views and reasons.After clarifying the concept of water rights,the feasibility of water rights trading is analyzed.The ownership of water resources by the state is the basis for the macro-control of water resources,and the independence of ownership and use rights of water resources results in the commodity attributes of water rights.This provides a theoretical basis for the following elaboration of legal issues and solutions in water rights trading.Secondly,according to the current laws and regulations of our country,this paper combs the current legislative situation of water rights trading in our country.This paper classifies water resources rights ownership,water intake permit and water resources paid use system.In the process of sorting out,it summarizes the legal problems faced in water rights trading,such as unclear concept of water rights,imperfect initial water rights allocation scheme,and imperfect management of water rights trading market.Then it analyses the development process of water rights trading system in typical foreign countries and summarizes useful experience.For example,to establish water rights trading system,we should take legal safeguard forms for water rights trading activities and improve relevant water rights legislation in accordance with our national conditions.We will draw lessons from the development model of water rights trading in typical foreign countries and the work experience and achievements of pilot areas of water rights trading in China.It is of great significance to improve the water rights trading system and promote the smooth development of water rights trading based on China's basic national conditions.In the end,the solutions to the legal problems of water rights trading system in China are put forward.In order to improve the water rights legislation,clarify the concept of water rights,improve the initial allocation of water rights,establish the private law adjustment mode of water rights trading,and improve the state supervision mechanism in terms of strengthening the trading subject,trading quantity and trading price,etc.,we should make water rights trading in our country.