Study On The Contract Of Water Rights Transfer Under The Vision Of Environmental Protection

China is one of the most serious water shortage countries in the world, which has become restraining factor to our countries'economic and social development. However, the efficient allocation of water resources has been seriously constrained by the planned economic thinking which had been dominated the distribution of natural resources for a long period. As the economic means of efficient allocation of water resources, water rights and water rights market has become the common thinking among people. Right transfer contract, as an effective way to achieve water right transfer, has been widely recognized. The contract of water rights transfer is the common choice of many countries in the word in the administrative area of water resource with the background that the public penetrating the private law. Various of water rights transfer in agreement has also appeared in our country. The contract of water rights transfer is a new civil contract. It not only has the characteristic of conventional civil law,but also developed some principles of conventional civil law,such as the relativity of contract,the self-rule of meaning, etc..However, the current water Law of our country can not meet the need of the developing practice since it has not touched the contract of water rights transfer. And the theoretical research of water right transfer in our country is still at the initial stage, and contract of water rights transfer doesn't cover other relevant issues, the achievement of water rights, ect. So it is necessary for us to study the theories of the contract of water rights transfer.In this article, the author discusses the definition, characteristics,nature, rationality and necessity of the water rights transfer contract etc., and discussed the influence and responsibility of contact breach, how to protect the third person and the social environmental rights. And it also give some suggestions about the relevant legislation of the water rights transfer contract.Besides the preface and the conclusion, the article is divided into the following five chapters:Chapter one This section elaborates the basic concept of Water rights,water rights transfer and the contract of water rights transfer, and illustrates the environmental characteristics of water rights transfer contract.Chapter two analyses the necessity and possibility of the water rights transfer contract against the actual situation of China. On the basis of the civil theories,this section analyzes the theoretical basis for the water rights transfer contract. Investigate the realistic basis and significance of the water rights transfer contract and the necessity of its existence.Chapter three mainly analyses the nature of water rights transfer contract. The advanced water rights system of developed countries attach importance to protect the public interests and the third parties'interests. There are strict requirements about the water rights trading procedures and the contract making. The contract of water rights transfer can achieve the aim of the water environmental protect.Chapter four explores the contents of the contract for transferring water rights, including the contract making, the validity effect and responsibility of the contract, analyses the conditions of establish and influenceChapter five analyses the legislation of water rights transfer in China, and gives some suggestions on legislation dealing with the lag and scarcity.