| Summary: | 碩士 === 東吳大學 === 法律學系 === 105 === Since the implementation of the water rights system in Taiwan more than 60 years, due to changes in the social environment, the framework of the water right system and many regulations of water law are not suitable for the present environment and not conducive to the Taiwan government to promote water resources policy. They frequently have been the focus of the dispute between the competent authority and the owner of the water right. These foci include the standard of the calculation of the reference water right, the nature of the right and the right of derivative and the transfer mechanism of water resources. By analyzing the current water conservancy law and water rights system, government water resources policy and statistical data, the main topics defined in this paper are: to define the definition of the object fuzzy, the right to exercise the quantitative indicators are not clear, the scope of the exercise is too narrow, only consider the agricultural needs and prohibited Water resource trading.
In addition, review the current water rights related system in China, Japan and the United States, such as China's water law permit system, the United States prior appropriation water rights, Japan occupied by the use of water permits. The development trend inclined to administrative licensing regulations. Due to the industry and population growth, limited water resources must be more efficient to use in order to cope with the increasingly urgent supply and demand situation of water resources, it's necessary to enhance the government's management power of water resources to enhance efficiency.
Considering the current situation of water resources in Taiwan, the trend of the water rights system in other countries and the policy of government water resources, it's suggested that water law should be revised to incline to the permit system more, and some of the provisions of water law should be amended to increase the flexibility and management effectiveness, decreasing the gap and conflict with the reality, and establish a better foundation for water resource management.
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