A Study On The Water Right Transfer Contract

Following the land resources, water resources become the focus of world attention.Water resource has ecological and economic functions and values.Whether it can be utilized sustainable is the precondition of the sustainable development of the society.The water resource of our country is very deficient,which has already become the import factor of restricting social and economic sustainable development of our country.The lack of property consciousness of water resource management and the failure of setting up the market system of water rights transactions are important reasons to cause the problem of water resource of our country.This article mainly studies the system of water rights transfer contract.The contract of water rights transfer is a new civil contract.It is the common choice of all of the countries in the world in the administrative area of water resource with the background that the public law penetrating the private law.The contract of water rights transfer not only has the characteristic of conventional civil law,but also has the relativity of contract,the self-rule of meaning.Now,the Law of our country has not touched the contract of water rights transfer,which can't meet the need of the developing practice.The article is divided into four parts. The first part makes a basic set for the water rights transfer contract, it is mainly to define the concept of water rights and analyze the nature and the theoretical basis of water rights transfer contract. The second part studies the foreign legislation status of transfer of water rights contract. The third part points out the defects of China's transfer systems of water rights on the basis of analyzing its legislation and practice status. Finally, learning from foreign legislative experience, the article establishes the system of China's water rights transfer contract.