On The Optimization Research Of Water Rights System In Shaanxi Province

The state council issued "Main Functional Areas of National planning"(after referred to as "planning") in December 2012, which made clear that China is not only the water reserve power, but also water consumption power. With the rapid economic development, our country has the growing demand for water resources. Shaanxi province, the largest economy in northwest China, as an important part of the "planning" and the crucial power of realize the western development strategy, is shouldering the important mission and responsibility. But due to the shortage of water resources, Shaanxi Province has serious contradiction of between supply and demand of water resources, lead to the social and economic development of Shaanxi encounter obstacles. Shaanxi province facing the development bottleneck, investigate its reason, on the surface as the shortage of water resources, actually the root of the problem is that the backward water right system. Water right system is an important research content in environment and resources law, as a legal system or method to solve the water problem arises at the historic moment, the purpose is to relieve the contradiction between supply and demand of water resources, increasing the efficiency of water resources, promote sustainable utilization of water resources. At present, water right system in Shaanxi Province has been unable to adapt to the development of social and economy, the optimization of water right system in Shaanxi Province is imperative.According to the layout of social economic development for the future of Shaanxi province in "planning", on the basis of related theory of water right system, use the method of economic analysis method, comparative analysis and empirical analysis, selection water resources structure as the study view of optimization of water right system in Shaanxi Province, By studying the concept, purpose and basic functions of the water right system, type and scope of application of the water resources structure, the influence of water resources structure on the social and economic development, analyzed the root cause of the contradiction between supply and demand of water resources in Shaanxi Province, considered by together form three aspects of reasons, include water resources shortage and uneven distribution in Shaanxi province, the policy of "planning" and poor water right system. On this basis, analyzes the present situation, problems and causes of water right system in Shanxi Province, water right system existing three big problems, mainly can’t meet the needs of Shaanxi social and economic development on water resources, for initial allocation of water right is not reasonable, and can’t be effectively combined with the socialist market economic system. The cause of the problem is poor theoretical basis, the rigid of guiding ideology, and insufficient understanding on characteristics of water resources in Shanxi Province. Through absorbing results of foreign water right system and water right case, summarizes advanced experience that strengthen water resources integrated management, establishes a fair and efficient water rights trading market, and innovation of water rights cooperation forms actively, finally puts forward the conception of water right system optimization in Shanxi Province. In the aspect of guiding ideology in order to implement the planning of the layout of social and economic development of Shaanxi, service of Shaanxi social economy; respect of Shaanxi water features, attaches great importance to the initial allocation of water rights in Yellow River; follow the rules of market economy, create Shaanxi water rights trading market; introduce the idea of "the north use water and the south fill water", resolving water resources problems in Shaanxi province. The basic principles to government macroeconomic regulation and control combined with market regulation, efficiency first with fairness and exploitation and utilization of water resources coordinated development of social and economy in Shaanxi province. In terms of optimizing countermeasures improve the initial water right allocation system, water rights trading system and the diversion financing system positively. On the optimization research of water right system in Shanxi Province will play an important role in management, protection and renovation of water resources in Shaanxi Province.