水权制度变迁的动因考察

Causation Observation of Water Right System Change

水权因水资源的短缺而产生,因水资源短缺加剧而变迁。人类对水资源的消费初始并不存在水权,只是随着人类社会的发展,在水资源从丰沛到短缺及水资源显现经济商品禀性的过程中水权才得以产生与变迁。世界各国适用了各不相同但符合本国实际的水权制度,但是大多数国家普遍适用的还是优先权制度。与其他水权制度相比较,优先权制度因其具备排他性、让与性、可执行性,不但能兼顾各方用水的利益和需要,而且能很便捷地进行水权的初始配置,进而可以建立水权市场,使弥足珍贵的水资源流向最需要之处。但是,优先权制度对水权的转让和交易进行限制,降低了可让渡的程度,降低了使边际净收益相等的市场压力,带来水资源开发利用的无效率,也存在进一步市场化的趋势和演进的客观必然性。

With the shortage of water resources, the water right formed; and with the increasing rareness, the water right changed. In the early days, the consumption is too initial to have water right. Only with the development of human society, and along with the water resources changing from plenty to rareness, the water right system is formed and changed. Every country in the world adopted different but suitable water right system, but most of them employed the priority system. Compared with other water right systems, priority system has the quality of exclusiveness, transferability and execution, so it not only can give consideration to the interests and needs of each side, but also can be very convenient to carry on the disposition and set up the water right market to make the precious water resources to flow into places where it is needed most. However, the priority system limits the trade of water right, reduces the degree of transfer and the market pressure. As a result, it brings the inefficiency of utilization and needs further marketization.