Study On The Water Right System In A River Basin

In this paper, research and exploration of water right system building, water right allocation and water right trade in river basins are carried out from the point of view of practice and protection from water pollution are analyzed theoretically.Several important conclusions in the paper are arrived at by the comparative analysis on aspects of water resources ownership and usufruct system, water right allocation system, water right trade system and water market, rule of law and institution system, etc. in developed and developing countries.It is first time to systematically carry out the study on basin water right system and investigate on the aspects of basin water right system, goal and principle for building the basin water right system, regime of basin water right system and the arrangement of institution, etc. and analyze the effect of consuetude on water right allocation.It is first time to newly define the priority rank of incipient water right allocation determined by means of the standard according to water utilization goal. The rule of priority rank of basin incipient water right allocation is studied and established preliminarily based on the principles of neoinstitutional economics. For realizing the goal of equity, environment and efficiency, etc. of incipient water right allocation, it is put forward the incipient water right allocation plan adopting a synthesis method by two steps. The basic clew of system building for basin water right allocation is suggested as grade in vertical orientation and classification in horizontal direction.A systematic research on basin water right trade and its market was carried out. It is studied deeply on the formation of competition price under the temporary water right trade, regulation and control on the basin water right market by government supervisor macro, externality issue on the process of water right trade and its settlement, and especially on transaction on exchange market and market organizing form, establishment of water right bourse in river basins and governing structure of its fellowship form etc.Property right innovation on aquatic environment preventing from water pollution is analyzed theoretically. Through analyzing the severity and genesis of water pollution in China, it was laid stress on the research on the susceptibly effective water pollution control mode, i.e. establishing exclusiveness usufruct system of aquatic environment resources and pollution discharging right system; and a game playing analysis on the mode was carried out via the model.In the end of the paper, a case analysis is conducted, aiming at the Yellow River Basin.