Research On The Construction Of Chinese Registration System Of Water Rights

As we know,China lacks of water resources and it may be a constraint of Chinese development in 21^st century.However,Chinese water resources faces with serious shortage,pollution and waste and some other severe problems.Chinese agriculture water usage has been occupied by industry and some other water usage in a long time,and at the same time,city water usage occupies rural water usage badly.China manages water resources by administrative means in a long time,it results in low water price and water usage without restriction and water waste.Therefore,China need to establish a new type of water rights trading system to cope with the water crisis.Coase theorem shows that the essence of market is not about price,but property rights,and a good property rights system leads to Pareto Optimality.And base on Coase theorem,it’s important for China to establish a registration system of water rights at first.Thus,explicit water rights may be the base of water right trading market.This paper contains two main innovation points.First,it points out the basis theory of registration system of water rights by the use of the principle of public summons of real right,the order of law and freedom,efficiency and fairness of the legal value,and the economics theory of property rights and usefulness,scarcity theory of resources.Second,starting from Chinese present situation of water using,considering Chinese law provisions of water rights,such as the nationalization of water resources,the cost principles of water rights acquisition,and the defects of water resources regulations,the direction of the water rights reform and development,combined with the implemented“Act of The Registration of Water Rights in Hebei Province”,and the experiences of Taiwan province and foreign countries in water resources management,the author puts forward some ideas of establishing water rights registration system.May it contributes to the water resources management of China.