澳、美水权制度对构建我国水权制度的启示

本文通过对澳大利亚和美国水权制度的研究,引发了笔者对我国水权的界定、适用、取得、转让和价格等制度的思考,从而提出了水权应包括水物权和取水权,我国应建立区域性的水权制度,水权的取得包括分配取得和出让取得,组建水银行进行水权转让,水权价格包括出让价、转让价和水费等观点。

Establishment of China''''s Water Right Regime Under the Inspiration of Australian and American Regimes

The water right regimes in Australia and the USA have invited this author's serious consideration of the definition, application, acquisition, transfer and price of water rights in China. Based on his study, this author determines that water rights should consist of rights to water and rights to acquire water. China should establish a regional water right regime. The acquisition of water rights includes acquisition by allocation and acquisition by transfer. The transfer of water rights should be made with a special water bank. The price of water rights should include selling price, transfer price and water fees.