Study On The Registration System Of Water Right

China’s long-term allocation of water resources through administrative has resulted in the unclear property rights of water rights,the lack of endogenous motivation for water resource users to conserve water,and low water resource utilization efficiency.China urgently needs to use market-oriented means to optimize the allocation of water resources and achieve the most effective use of water resources.An important prerequisite for giving play to the role of market allocation and boosting water rights transactions is the confirmation of water rights.The analysis of the logical basis of the evolution of the water rights registration system and the value investigation of the water rights registration system are the starting points of the research on the water rights registration system.China’s current water rights registration is limited to the objectives of water administration and management,and there is a lack of institutional norms to improve the efficiency of allocating water resources through market-based means.Specifically,the implementation of water rights with a water withdrawal permit actually replaces ownership with management rights,so that the property rights of water rights are not obvious and the function of water rights assets is limited.The demand for market-oriented allocation of water resources makes the reconstruction of the water rights registration system inevitable.On the one hand,the paid use of water resources needs to play the role of market mechanism,and the effective play of market mechanism requires clear water rights through water rights registration.On the other hand,restructuring the water rights registration system allows the government to fully grasp the water resources utilization information to effectively manage the water rights,clarify and declare the water rights belong to protect the water rights,implement the paid use of water resources to protect the rights of the national owners,and facilitate the priority of water rights The implementation of the order rules has important legal significance in clarifying the order of water use.The investigation of the value of the water rights registration system is mainly from two aspects: the water rights registration system is different from the property rights registration system and the water rights registration system has a value independent of the water withdrawal permission system.The research on the registration system of water rights in the academic circles is based on the logical starting point of water rights belonging to the category of property rights.Therefore,this article analyzes the essential difference between water rights and property rights from the perspective of the nature of water rights.From the perspective of the conflict between the basic principles of water rights and property rights law,it proves that water rights cannot be covered by the property rights registration system.The rationality of the system.By analyzing that the water rights registration system has an independent value compared to the water withdrawal permit system,the necessity of exploring a parallel water rights management system of the water rights registration system and the water withdrawal permit system is demonstrated.As a government administrative act,registration has a clear effect on property rights of natural resources.Therefore,the legal effect of the water rights registration system is first manifested in the confirmation and proof of the initial water rights.Although academia insists on registration effective doctrine or registration confrontation doctrine regarding the transfer of water rights,in order to facilitate the effective management of water rights and the consideration of the safety of water right transactions,the adoption of registration effective doctrine is appropriate.As the water rights registration authority of the national administrative agency,the national credibility is used as the guarantee,so that the water rights registration has the legal effect of obtaining social conviction.This legal effect is the national credibility.Through a comprehensive review and comparative analysis of the legislative experience of water rights registration in Chile,Mexico,Australia,South Africa and other countries,it summarizes its enlightenment on the design of China’s water rights registration system,and proposes that Water rights registration is a prerequisite for optimizing the allocation of water resources using market-oriented means;the water rights registration book should not only record the rights of water resource use rights holders,but also clarify the corresponding obligations;water rights registration should fully consider the openness of information and large Data construction emphasizes the effective connection with real estate registration and natural resource unified power registration.With the launch of the pilot for the registration of water rights,the "what water rights need to be registered","who will register","what to register",etc.have become real problems to be answered urgently.Issues such as the determination of the scope of water rights registration,the establishment of water rights registration institutions and the establishment of water rights registration books urgently require legislation to give a unified and clear response.These urgently need guidance from relevant theoretical studies.Since China has notestablished a water rights registration system,relevant theoretical research is also insufficient.In the practice of local pilots,there is no uniform standard for the regulations on the scope of water rights registration in various regions.Water rights are a collective concept,including a series of subordinate rights,but not all water rights need to be registered.This article from the perspective of registration cost and necessity on regional water rights,water rights,water rights use certificate rights(irrigation area water rights of users and rural collective water rights),public water supply network users water rights,use of water areas for aquaculture and Whether the right to fish and the right to discharge water can be included in the scope of registration for analysis,and it is clear that the scope of water rights registration mainly includes water rights and water rights of rural collective economic organizations.Regarding the establishment of water rights registration agencies,there are two modes in the world:administrative agencies as registration agencies and courts as registration agencies.China has always adopted the model of an administrative agency as a registration agency,but it is still controversial to register by a unified natural resource registration agency or to be registered by the water administrative department.From the practice of water rights confirmation registration and taking into account the reduction of reform resistance and registration costs In view of this,it is reasonable to use the water administrative department as the water rights registration agency.This is not contrary to the development trend of unified registration.With the development of science and technology,it is possible to use information technology to connect information databases registered by different departments,and form a relatively complete water rights registration system.Regarding the issue of setting up a water rights registration book,water resources have liquidity,so water rights registration should not overemphasize the specific form of water rights,but should take into account the comprehensive consideration of the natural characteristics of water resources and the multi-dimensional definition of property attributes.The academic circles have put forward different standards on how to define water rights.In practice,the water rights are determined mainly in terms of the place of water withdrawal,the duration of water rights,the amount of water withdrawal and the use of water resources.In addition,the acquisition method of water rights,that is,the initial water rights and the water rights acquired subsequently are also important contents recorded in the register.This aspect is convenient for ensuring the security of water rights transactions,and on the other hand,it is also convenient for grasping comprehensive water rights information in order to achieve Effective management of waterrights.The ecological attributes of water resources determine the water quality is also an important factor affecting the exercise of water rights,and should also be recorded in the water rights register.The survival guarantee function and ecological maintenance function of water resources determine that the water rights register should include water rights management information in addition to basic information such as water rights attribution and rights changes.