| Water Resources is natural resource with great economic and ecological value. As the developping of society and economy, water has been the most vital resource which human depend on. But the water resource distribution is uneven temporally and spatially in our country. The mode of distribution in water only depended by administration means has been out of fashion, which could not adapt to the development of the socialist market economy. The key to solve the water problem is to establish the legal system of water right transaction, which distributes the water resource by market. Actually many countries have taken shape mature water market by constructing the legal system of water right transaction. In china, due to the dagging development of environment law, the reformation of water right is still in the bud. There's no completely legal system of water right transaction. Many relatated provision to water right could not make the water right transaction go smoothly, because these provisions are not working in the premise of the whole system design. So constructing the law of water right transaction is extremely urgent during the developping of the socialist market economy. This paper proposes legal systems which related water right, and has a clear and comprehensive understanding on water right transaction system by analysing the fundmental theory of water right, demarcation of tradable water rights, defining of attribute of right, and the pre-condition of constructing the law of water right transaction. On that basis, this paper deeply dissects the current situations and limitations of the system of water right in our country, and inspects the experience of the other countries and the current development and utilization of the water resources in our country. With the author's efforts, this paper has come up with several casual suggestions on how to construct the legal system of water right transaction in our country.This paper includes four sections. The first section analyses the related notions on water right transaction. With the public trust doctrine, this paper define the water right as water use right by analysing the demarcation of the connotation of water right, and excluding the two-power theory and multi-power theory. On that basis, the author considers that the water right as a branch of the citizen's environmental right, and analyses the probable problem caused by Usufructuary Right when we bring the water right into civil law. And the author deeply elaborates on the connotation of water marketing and water right transaction. As to establish the related system of water right and make the water right more clear in water right transaction, the author cards the system of rights in water resources, and proposes a system of right which the system of right in water resources should include the ownership of water resources, water right, water environmental right and other rights.Section two mainly discusses the tradable water rights, which can be brought into the water right trading system. By analyzing the concepts of tradable water rights existed at home and abroad, we consider the tradable water rights as the high form of water rights. It is a kind of environmental rights, a combination of many rights. The auther does not approve that some scholars define the tradable water rights as property rights and determine their attributes by comparing public trust principle with traditional civil law system. The author, using professor Pei Lipin's analysis of tradable water right, summarizes the legal relation structure of tradable water right and explicits three types of it, which are water rate right, the water allocation quantity right and water operation right. Though these three types are closely related with each other, they can be divided. By using this kind of classification, we can standardize the rights and duties of tradable water rights, and then establish a reasonable water rights trading system.In section three, the author first summarizes the actuality and limitations of water rights trading system in our country, and discusses the urgency of establishing it. Though the water resource state ownership, water collection licence system and compensated use system of water resource have been implemented in our country, there is no relevant regulation in the implementation of the whole trading system. Through the investigations of water rights trading system in Chile and Austrilia, we figure out that our water rights trading system should not only learn the advanced experiences from foreign countries, but make it be in line with our national condition and water situation. We should pay more attention to the initial allocation of water rights and strength the combination of government management and market control, in order to promote the establishment of water right trading system and the sustainable utilization of water resource.The last part of this paper ponders on the theoretical and practical issues in the construction of water rights trading system. Water rights trading system has strong support in theory. The scarcity of water resource is the urgent need and realistic requirement of water using. Unbalanced distribution of water resource and the contradictory of water using are the basic soil of establishing water rights trading system, meanwhile the need of property rights in the property rights economics provides the feasible foundation for it. At last, we put foward some suggestions for the problems which might be involved in it, such as, the initial allocation of water rights, the principle of allocation, the formation of water price.This paper begins with the definition of basic concepts in water rights trading, by introducing public trust system, water rights, tradable water rights, it analyzes the theoretical basis of water rights trading. By obeserving the development of water rights trading system at home and abroad, this paper analyzes the limitations of water rights trading system in its establishment and the process of the development of it. In the end, by showing the solid background of warter rights trading system theoretically and discussing the problems which should be clearly stipulated in the water rights trading system, it makes a detailed research on the development of water rights trading system in our country. When establishing the system of water right transaction, we should base on the current situation of our country, and firmly set up two-way mechanism of government administration and market-driven. On the one hand, using the market optimizes the distribution of water resources. On the other hand, as the speciality of water resources, we must establish the strict management system to prevent the risk which the market dealing brings. And we would take advantage of law to make the water right market complete and perfect. All in all, we will achieve the goal:improving water utilization efficiency, and promoting the sustainable development of water resources. |
