对水权与水权交易法律制度构建的思考

Consideration Given to Water Rights and Construction of Water-Rights-Trading Legal System

我国水资源在时间和空间上分布严重失衡，水污染和破坏事件时有发生，导致我国水资源的开发、利用和保护形势极为严峻．水权交易制度契合市场经济发展的要求，能够有效改善水资源供求关系。我国水权交易实践存在已久，但水权交易理论和相关法律制度还不完善。本文详细阐述水权和水权交易的基本理论，分析我国水权交易制度的现状与存在的问题，简述国外水权交易制度及对我国的经验启示，结合我国具体国情，提出完善我国水权交易制度的建议。

Water resource is a kind of important resource to the production and subsistence, and it is rather a national strategic resource. With the rapid development of China＇s economy, the demand for water resources is increasing, but the country＇s water resource per person is below the world average, and the distribution of water resource is seriously imbal- anced in time and space. Water pollution and destruction events often occur and they cause the extremely serious threat to the development, use and protection of water resource in China. Water rights trading system fits the requirements and the development of market economy and it can effectively solve the contradiction between supply and demand of water resource. China＇s water rights trading practices already exist, yet the theory of water rights trading and water fights legal system is not perfect. This paper describes the basic theory of water rights and water rights trading, analyzes the status and problems of water fights trading system, briefly introduces water rights trading systems in foreign countries and the revelation from their experience to our country. Combined with China＇s specific national conditions, the author gives a complete set of water rights trading regime.