【作者】 戎立军；

【导师】 刘跃前；

【作者基本信息】 武汉大学 ， 管理科学与工程， 2004， 硕士

【摘要】 水权自古以来就一直存在于人类生产与生活中,但对水权进行明确并作为法律规范加以管理是在工业化过程中才得以重视。人类对自然资源的开发和利用,空前改变了自然,水资源的稀缺性、不断增长的需求和人类对水质的要求引发了人们的经济学思考并推动了水权法律制度的发展和形成。 本文研究两个问题:水权理论及市场化管理模式。共分六部分: 第一部分为引言,主要提出我国水的严峻态势,并根据水资源管理的现状,分析管理中存在的体制性弊端,给出21世纪我国水资源可持续利用的目标,明确研究的方向。 第一章重点构建水权理论研究的框架,自1988年颁布《水法》以来,水法在我国经济持续高速发展中起到了重要的作用。随着人民生活水平的提高和水资源状况的变化,对水资源需求和管理提出了新的更高的要求,原水法的一些规定已经不适应现代社会发展的需要,对水法的修订势在必行,新水法在水资源统一管理、可持续利用、宏观管理、节约用水和法律监督等方面作了重大变革,这是水权研究的法律基础。 我国的水资源在总量和结构上都严重短缺,水资源不足长期制约经济发展和社会稳定。水资源优化配置,前提是合理的水价格体系形成机制。分析了现状和存在的不足,明确研究的思路。 以水资源的可持续利用,促进经济社会的可持续发展为目标,对水权及市场化管理模式(包括水权市场的建设和运作的制度、策略与措施)进行研究,具有重要的理论意义和现实意义。 论文首先综合评述水权理论及市场化管理模式的研究现状,指出存在的问题,明确研究的思路。 第二章对国外水权市场理论与实践作了评价。我国目前还没有水权交易市场,国外经验可资借鉴,在水权及水资源管理的现状与发展趋势中,重点总结了美国的水权体系以及联邦政府和州政府的协调关系,还介绍了有代表性的国家如澳大利亚、法国、日本、俄罗斯、西班牙和南非对水权的法律规定。 第三章是对水权的规范分析,首先是产权理论,包括国外和国内有代表性的产权概念、产权属性、产权制度的激励、制约和高效率配置稀缺资源的功能,产更多还原

【Abstract】 Water right has been existing in the production and living of mankind from of old. But defining and managing it as a law criterion appeared just in the process of industrialization. The development and using to the nature resources of mankind changed the nature unprecedented. The rareness of water resource, continuously increased needs and the pollution of the water lead to the economic thinking and impulse the investigation and succeed of the water right law.This article studies two problems: Water right theory and the mode of management. There are five parts in all.The first part is foreword. It points out the serious situation of the waters in our country. According to the actuality of the management of water, it analyzing the system abuses in the management, and provides the durative using aim of our water resource in 21 century. Make the direction of studying clear.The first chapter’s main work is constructing the frame of the study of water right theory. From it been enacted in 1988, the water law has made important effect in our durative rapidly economic development. With the improving of people’s living level and the changing situation of the water resource, it makes more requires of water resource and the management, some of the clauses of the water law are no longer suitable, so we need to make some changes on the law. The new law of water has made grand changes in many aspects, such as the uniform management of water, the durative using of water, macroscopically management, water saving and supervise of law. And this is the legal base of water right study.Our water resources are hard up on gross and structure. The lacking of water restricts the development of economy and the stability of society long-term. Water rate (the price of water, water fee) is an important matter of water right market. The premise of optimize collocate of water resource is the form mechanism of water price system. So, we analyzes the present conditions and points out its disadvantages, making the research methods clear.Aimed the durative using of water, making economy society durative develop, studying the water right, water rate (water price) and the mode of market (including the system, strategy and measure of the building and operating of water right market) management has important meaning in theory and practice.Firstly, the article commented on the status in qua of the water right theory and the mode of the marketing management, pointed out the existing problems, make the direction of studying clear.The second chapter evaluates the theory and practice of water right in other countries. Our country has no water right market at present; we can use it for reference. In the status of our water management and water rightmanagement and in the develop current, sum up the water right system and the relationship between the federal government and state government. Introduced the law of water right of some representational countries such as Australia, France, Japan, Russia, Span and S.Africa.The third chapter is the normative analyses of water right. Firstly is the property theory, including internal and overseas representational property concepts, property attributes, property system and bestir, the function of restricting and collocate rare resources. Property right theory is the base of water right theory, here we point out the four characters of water right which is know from the commonly asset property right and the influence on water using by water right.Secondly, we discussed the relationships between the water resources attribute and water right, water resources has nature and social attributes, water right is born by their together action. Longtime shortage of system and durance of mentality made it argumentative in the explorement on the theory. After concluded the existing meanings of water right, this test made a full scale explore on water right from law sight, and provided the constitutes of water right which can incarnate the nature attribute and social attribute and market economy system. And open out the economy and social meaning of water right.In the fourth chapter, we explore the constitution and operate system of water right market. Firstly, we expound the essential condition and feasibility of water right trade, and its meaning to water right market. Then pose the special character of water, in the water right and water resource manage system, we make a three variables model as the model of the marketing management of water right and water resource.Secondly, we explore plan of water right market. From the water trade requests to water right, the initial water right attribute and the organism system construction of water right market, it include first rank and second rank market, from this three layer, we conclude the frame of water right market.The third, combine the practice circumstance of our country water resource management, discussed the contents of the marketing design of water right’s cession by the angles of country, drainage area and region, and made a full scale discussion on the cession of water right on six arrangements: the water right business between different drainage area, the water right business between different province which at the same drainage area; the water right business in the same province after got the admission of using water, the water right business of commercial water, the business of waster water resources and the business of the power of sewage let.At last, there is the tag of this article.更多还原