Research On Water Right And Management

Water right has been existing in the production and living of mankind from of old. But defining and managing it as a law criterion appeared just in the process of industrialization. The development and using to the nature resources of mankind changed the nature unprecedented. The rareness of water resource, continuously increased needs and the pollution of the water lead to the economic thinking and impulse the investigation and succeed of the water right law.This article studies two problems: Water right theory and the mode of management. There are five parts in all.The first part is foreword. It points out the serious situation of the waters in our country. According to the actuality of the management of water, it analyzing the system abuses in the management, and provides the durative using aim of our water resource in 21 century. Make the direction of studying clear.The first chapter's main work is constructing the frame of the study of water right theory. From it been enacted in 1988, the water law has made important effect in our durative rapidly economic development. With the improving of people's living level and the changing situation of the water resource, it makes more requires of water resource and the management, some of the clauses of the water law are no longer suitable, so we need to make some changes on the law. The new law of water has made grand changes in many aspects, such as the uniform management of water, the durative using of water, macroscopically management, water saving and supervise of law. And this is the legal base of water right study.Our water resources are hard up on gross and structure. The lacking of water restricts the development of economy and the stability of society long-term. Water rate (the price of water, water fee) is an important matter of water right market. The premise of optimize collocate of water resource is the form mechanism of water price system. So, we analyzes the present conditions and points out its disadvantages, making the research methods clear.Aimed the durative using of water, making economy society durative develop, studying the water right, water rate (water price) and the mode of market (including the system, strategy and measure of the building and operating of water right market) management has important meaning in theory and practice.Firstly, the article commented on the status in qua of the water right theory and the mode of the marketing management, pointed out the existing problems, make the direction of studying clear.The second chapter evaluates the theory and practice of water right in other countries. Our country has no water right market at present; we can use it for reference. In the status of our water management and water rightmanagement and in the develop current, sum up the water right system and the relationship between the federal government and state government. Introduced the law of water right of some representational countries such as Australia, France, Japan, Russia, Span and S.Africa.The third chapter is the normative analyses of water right. Firstly is the property theory, including internal and overseas representational property concepts, property attributes, property system and bestir, the function of restricting and collocate rare resources. Property right theory is the base of water right theory, here we point out the four characters of water right which is know from the commonly asset property right and the influence on water using by water right.Secondly, we discussed the relationships between the water resources attribute and water right, water resources has nature and social attributes, water right is born by their together action. Longtime shortage of system and durance of mentality made it argumentative in the explorement on the theory. After concluded the existing meanings of water right, this test made a full scale explore on water right from law sight, and provided the constitutes of water right which can incarnate the nature attribute and social attribute and market economy system. And open out the economy and social meaning of water right.In the fourth chapter, we explore the constitution and operate system of water right market. Firstly, we expound the essential condition and feasibility of water right trade, and its meaning to water right market. Then pose the special character of water, in the water right and water resource manage system, we make a three variables model as the model of the marketing management of water right and water resource.Secondly, we explore plan of water right market. From the water trade requests to water right, the initial water right attribute and the organism system construction of water right market, it include first rank and second rank market, from this three layer, we conclude the frame of water right market.The third, combine the practice circumstance of our country water resource management, discussed the contents of the marketing design of water right's cession by the angles of country, drainage area and region, and made a full scale discussion on the cession of water right on six arrangements: the water right business between different drainage area, the water right business between different province which at the same drainage area; the water right business in the same province after got the admission of using water, the water right business of commercial water, the business of waster water resources and the business of the power of sewage let.At last, there is the tag of this article.