On The Realization Of The State Ownership Of Water Resources Of Our Country

The economic value and ecological value of water resources has been gradually discovered by people because of scarcity, therefore, it is necessary to define the property right of water resources. Because of the inner contradictions that exist between the economic value and ecological value of water resources, the only solution to the contradictions was to define water resources as state-owned property. China, like many other countries, has declared in the form of laws that water resources are state owned. However, there still exists the problem: does the state ownership of water resources belong to proprietary rights in civil law? According to analysis, we discovered that the logic order of state ownership should be: compared with natural person and corporation, the legal status of a country has a longer historic background. Because of its participation in the social relationship adjusted by civil law, the country becomes a civil subject, and all the rights that it enjoys become proprietary rights. Because of the dual values that water resources have, the state proprietary right of water resources bears two functions, that is the realization of both the economic value and the ecological value of water resources. Right of use is a way of exercising proprietary rights by non-owners. As a political country, the country can not use water resources directly. Therefore, realization of state ownership of water resources is inevitably fulfilled through right of use. This is a process from ownership to utilization. During this process, none of the government, the market and the society is perfect. But it does not mean that we should be pessimistic about this issue. The relationship among these three is not definitely the relationship of if -not –this –then –that. "we can resort to a perfect model of multi-centre administration."The realization of state ownership of water resources must obey the following principles: the principle of fairness and efficiency; the principle of separation of executive rights, proprietary right and right of use; the principle of non-gratuitous use; the principle of combination of the government, the market and the society; the principle of public benefits and democratic decision making. Market is an effective way of realizing state ownership of water resources. Therefore, it is necessary to specify the representative and the main body of state ownership of water resources. The designing of the representative of the state ownership of water resources is an important link. The representative of the state ownership of water resources, as a third party special corporation, can make it possible to operate the state ownership through private law. Realization of fairness can be achieved through reserving water right for living and water right for environment. The market is not perfect and it is necessary to administrate water resources and the market of water resources. The government is not the only administrating main body. In order to realize the overall administration and the macro adjusting and controlling, it is necessary to centralize the state power. However, at the same time, it is also necessary to disintegrate the state power. The third party is now playing a more and more important role in the management of water resources. It realizes the jointing of utilization of water resources and market. It is important for different main bodies of action to cooperate in the realization of state ownership of water resources. Fairness of the realization of state ownership of water resources can be guaranteed through participation of the public.