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The Research Of Water Right Legal System

Posted on:2007-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:X W SuFull Text:PDF
GTID:2166360182473249Subject:Environment and Resources Protection Law
Abstract/Summary:
Water is source of the life. The water resource is the foundamental natural resource and it is also the important constituent of the survival environment. At the same time, the water also is the strategic economical resources and the part of the national power. Now the world focuses on the water crisis. Since the 1980s, The Water Resources Conference of UN warned the world that the global economy and the society will face the restriction of the water resources. The water resource will become a profound social crisis. For the solution of water resources crisis,the western nation raises the utility rate of the water resources,established water right system. This system demonstrated its system superiority in the optimized water resources disposition process day by day. Not only world lacks water, but also China.In China, the water resource is distribution by the administrative method.It has not fit the economical development and caused many problems. For instance, the waste of the water resources and the low utility of the water resource etc. It has already became the restrict of the economic development. To solve the difficult situation and upgrade the water resources disposition, we must use the market method. It is the core of the reform to enhance the efficient use of the water resources and build up the consummation system of the water right. This article is divided into three parts: introduction, the main text and the conclusion. It contains approximately 40,000 characters. Except the part of introduction and the conclusion, the full text contains five chapters. Chapter one: Through the introduction of the first water right transaction between Dongyang and Yiwu of Zhejiang Province, we could drive the conclusion of the malpractices of the define which the water right system exists and the shock it brings. Simultaneously it also gave us the practice experience to construct the water right system and the reform of recent water resource management system. Chapter two: This chapter analyzes the necessity and the feasibility to the establishment of the water right system. Through analyzing the water resources distribution of our country in space and time, as well as the malpractice of our traditional taking water permission system. And I hopes to found out the realistic reason , the legal and policy basis to build up the water right system. Chapter three: It analysis various water right system in many countries as well as the different views of our country. And it proposes the author's opinion about the legal concept and essence of the water right, which should be the foundation of the water right system. Chapter four: It analyzes the subjective, objective and content of the legal relationship of the water right which adjust the water right system. Chapter five: We must rebuild our water right system through perfection of the initial water right distribution system and the water consumption system. And through profit the principles of the developed countries' water right distribution systems, this chapter suggests to reform our country existing water right initial distribution system; through construction of the water right the transaction contract system and the transaction environmental effect system and so on ,we could rebuild a perfect water right system.
Keywords/Search Tags:Water right, Initial consumption of water right, Water right transaction
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