Nstruction Of Water Right Transfer Legal System In Our Country

Water resource is an important environmental resource on which all kinds of lives heavily depend, and is the indispensable material foundation for the social and economic development. Our water distribution and uneven, exists serious of space and time, the irrational distribution of water shortage, water resource is also state of utilizing and protecting the grim situation. If water problem cannot be solved properly, and will be of China's sustainable development badly restricted factors. Water right transaction legal system is to adapt to market economy system of water resources management system, as the legalization of water needs increasing fierce competition of water and gradually formed in the system. Our country's water right theory research is still in the initial stage, the current water right legal system is not perfect. Therefore, to water right transaction legal system research has important theoretical and practical significance.In recent years, Chinese scholars to the water rights law system of basic theory problem with extensive research results. But, monographs discussed less, plus lack of water rights legal system for the thorough discussion and present complex water right transaction environment, water right system imperfect legislation rules of various factors, which lead to water right transaction legal system is not very reasonable. This article will build our country's the water right transfer legal system issues specific research.This paper is divided into five parts. The first part of the definition of water rights and water rights transfer concept, among them about the concept of water rights, which will be defined as to rule out the floorboard of the ownership of water resources using and profit-earning right, and its property shall be property rights, private rights in the nature of public power. The second part elaborates on the status and deficiencies of the current transfer systems, which described China's current water rights transfer barriers and restrictions in the legislation, as well as in real life, and highlight areas for improvement in our laws. The third part focuses on the development of our water rights transfer in practice, including Dongyang--Yiwu's water rights transfer, Zhanghe River water rights transfer and Gansu Zhangye region's water rights transfer. The fourth part is for the comparative study of our country with the other countries, and according to the actual situation of our country to draw lessons from them. The fifth part, according to the above declaration of the basic theory of water rights issues, analysis of domestic practices, as well as reference of water rights transfer legal system abroad, suggest building the legal system of water right transfer, perfect the management mechanism of water resources and water price formation mechanism, build system of water rights transfer contract and registration system.