Research On The Legal System Of Water Right Transfer

The transfer of water rights is based on the market mechanism which makes use ofwater market to achieve water rights transfer between the transferor and the transferee. Atpresent, the water right transfer has become the most common choice in countries toalleviate water stress. However, the water rights transfer in China is still in an initialstage, water right market isn’t mature as a result of the government’s excessiveadministrative intervention and under-developed system construction. Therefore, it isnecessary to further improve the system of water rights transfer in our country to promotethe protection and efficient use of water resources. This article mainly analyses the basictheory related to the transfer of water rights and summarizes the advanced experience offoreign countries where the developments of water rights transfer are mature. Andcombined with the deficiency appeared in our country, this article puts forward somesuggestions for the transfer of water rights system in China in order to promote thesustainable use of water resources. This article mainly contains four parts:The first part briefly analyses he basic theories of water right transfer which is thetheoretical foundation of water rights transfer system. Firstly, the article defines theconnotation and nature of water right; Secondly, the article clearly introduces themeaning and characteristics of water right transfer and stresses that water rights transferoccurs between subjects with equal status; Finally, the article puts forward the theoreticalbasis to construct the system of water right transfer that ensures the theoreticalsignificance of water rights transfer to the efficient allocation of water resources.The second part mainly introduces the foreign water rights transfer in order toprovide useful reference to our water rights transfer construction. This part severallyintroduces situations in America, Australia and Chile and obtains some commonalities inthe aspect of water rights transfer in these countries, such as relatively perfect legislation,combination of government and market, active participation of the third party and theprotection of environmental interest.The third part is mainly about the present situation and the shortage of water righttransfer in China to clear the existing problems of our country. This part focuses on thelegislation and the practice in China, pointing out that the legislation on Water Rights transfer in China is not perfect and there are too many administrative interventions in thewhole process which seriously affects the development of water market.The fourth part is mainly about the improvement of water rights transfer in China topave the way to the sustainable utilization of water resources. Based on analyzing theforeign experiences and China’s existing problems, this part advances many proposalsfrom the government, the market main body, the transfer price, the burden of risk,transfer of registration and public supervision and other aspects of the specific views toestablish a multi-participation mode of the management and utilization of water resource.