Research On The Water Rights Transfer System

At present,there is increasingly prominent contradiction between supply and demand of water resources,so it is urgent to speed up the reform of water resources system and establish the property right system of water resources assets with the water rights transfer system as the core,so as to realize the optimal allocation and efficient utilization of water resources.This paper focuses on the present dilemma of rule of law facing the water right transfer,analyzes the legal,legislative and judicial reality contradiction and the reason,studies abroad about the water right transfer status,put forward the water right concept of property right.It puts forward a series of legal advice regarding two main field of administrative initial approval and market trading redistribution in water rights transfer.This paper is divided into five parts,which are discussed successively.The first part: starting from the analysis of the current situation and contradictions,the current legal system involving the transfer of water rights in China is analyzed,and the practical contradictions such as the conflict between the current system and the reform requirements,the ambiguity of the concept definition,the limitations of the interim measures,and the low efficiency of the trading market are analyzed.The second part: the experience of the water rights transfer in foreign countries is borrowed to broaden the research ideas,it analyzes the water rights transfer system in the United States,Australia and other nations,and the basic norms and practices of countries with relatively mature practices.It studies theuseful experience and enlightenment of foreign nations in key areas including the definition and distribution pattern of water rights,the water right trade market.The third part: according to the realistic problems of legal definition of water rights dispute,it combines with the legal research achievements of water rights in our country,the reform requirement of the system of water resources assets demand and foreign experience about water rights definition.This paper presents the concept of "limited property rights" under the water rights definition,analyzes the legal attribute of water rights,and further clarifies the definition of water rights transfer,composition and internal contact,which provides the basis for system research and countermeasures for the water rights transfer.The fourth part: based on the water rights definition under the concept of "limited property rights",it combines with the general experience of property right system,and discusses the criteria for the classification of water rights in view of the water right subject,affected scope,right time limit,trade restrictions and other factors.As well,it puts forward suggestions on the four types of classification of water rights,and probes into three difficult and key areas including river basin water rights,the agricultural water rights and water rights in rural areas,water right in scattered form in the field of system construction,which provides the basis for the study of the transaction system of water rights market.The fifth part: After the analysis of the initial right confirmation system of water rights,it targets the reallocation of right with market transaction of water right with the key to realize assets classification and circulation of water rights,improve system structure and operation mechanism of the water rights trading platform,forms three key links of trading markets including normal pricing model,procedures and regulation of water rights,and puts forward some legal idea,the countermeasures and suggestions.