The Improvement Of Water Rights Trading System

The water rights trading system is of great practical significance to the smooth progress of important activities such as water resources and Hydropower construction,water pollution control and water resources allocation.The experience and lessons of developed countries in Europe and America in water rights trading prove that the perfect water rights trading system can effectively promote the construction of water conservancy projects,effectively prevent and control water pollution,and allocate water resources.China's water rights trading system has been built for more than ten years.Although the practical experience of water rights trading in various parts of the country has been maturing,in general,the system has little effect.With the development of the concept of national ecological civilization,water rights trading system,as an important system to protect the environment of water conservancy projects and solve the problem of water resources allocation,has been put forward and developed considerably.This paper studies the establishment of water rights market,the construction of water rights trading system and the operation measures under the background of the increasingly serious environmental protection problems and the serious shortage of water resources,in order to put forward some powerful suggestions for the improvement of water rights trading system.Through the analysis of the legislative status and judicial practice of water rights trading system,the author combines the relevant provisions and operational experience of foreign countries,and finds that there are some legal problems in the development of water rights trading in China:first,the development of water rights trading emphasizes too much government-led,and the market regulation is rtot enough;second,the pricing machine of water rights trading.The system is imperfect,and the transaction price fails to reflect the real value of water resources;thirdly,the operation of water rights trading aggravates the third-party negative effect of water resources;fourthly,the monitoring measures of water rights trading are not in place.In view of the above legal problems,the author puts forward corresponding suggestions as follows:first,on the premise of-adhering to the combination of administrative allocation and market regulation,expanding the scope of market adjustment and improving the government's initial allocation method;secondly,promulgating legal documents to adjust the price of water rights transactions,implementing different types of pricing standards,and improving the trading compensator Thirdly,we should define the nature of water rights as real options and fully define the connotation of water rights;fourthly,we should strengthen the internal and external supervision of water rights transactions,clarify the functions and powers of different management departments,and broaden the channels of public participation.Through these measures,we hope to promote the scientific distribution and rational utilization of water resources,realize the sustainable utilization of water resources among generations,actively guide social capital to participate in the investment of water projects,introduce market mechanism into the field of water infrastructure construction at the same time,and alleviate the financial pressure of the govermment in the field of infrastructure and public services.According to the above,there are six parts in the introduction and five chapters.The first part is the introduction,which mainly introduces the background and significance of this study,the research summary at home and abroad,the research methods and purposes,and the main innovations of the article.The second part analyses the current situation of legislation and practice of water rights trading in China.Firstly,the legal environment and provisions of water rights transaction are analyzed,and secondly,the current situation of water rights transaction practice is analyzed·The third part introduces the water rights trading system of other countries.Firstly,five modes of coastal right system,priority possession system,proportional water right system,public water right system and water right trading system are analyzed respectively,and their advantages and disadvantages are analyzed.Secondly,water resource management institutions in the United States,Chile and Australia are studied;thirdly,different modes are studied.Finally,the advanced experience of typical countries in water rights trading system,institution,pricing mechanisl and so on is put forward to draw lessons from our country.The fouth part,on the basis of the foregoing chapters,analyses the legal problems existing in the current water rights trading system,and builds the foundation for the following analysis of the improvement measures of the water rights trading system.The fifth part aims at the legal problems existing in the water rights trading system and finds out the corresponding reasons.The sixth part puts forward measures to improve the water rights trading system.