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为了发挥市场在资源配置中的决定性作用,水利部于2013年7月在全国七个省区启动了水权交易的试点工作。试点的一项重要内容即为开展水权的确权登记。水权确权登记,是对国有水资源使用权出让结果的登记公示。根据我国相关法律,水资源的所有权归国家所有,并由国务院代为行使。实践中水资源使用权的出让,由各级水利行政主管单位具体实施。但由政府部门出让水权,与政府应当负担的监管职能不符。随着水权市场的发展,应组建专业水务公司并引入信托制度,由水务公司根据信托合同的约定,受托行使水权出让的权利,使水权市场成为真正的民事权利主体之间的平等交易,以减少交易费用、提高水权配置的效率。
In order to give play to the decisive role of the market in resource allocation, the Ministry of Water Resources launched a pilot project on water rights trading in seven provinces and autonomous regions nationwide in July 2013. An important part of the pilot project is to register the water right. The registration of the right to water right registration is a public notice of the registration of the result of the transfer of the right to use state-owned water resources. According to the relevant laws of our country, the ownership of water resources belongs to the state and is exercised on behalf of the State Council. In practice, the transfer of the right to use water resources shall be implemented by the competent water conservancy administrative units at various levels. However, the transfer of water rights by government departments is not in conformity with the regulatory function that the government should bear. With the development of the water rights market, a professional water company should be set up and a trust system should be established. The water company entrusts to exercise the right to transfer the water right according to the contract of the trust, so that the water rights market becomes the real equal transaction between civil rights entities. To reduce transaction costs and improve the efficiency of water rights allocation.