The Research On Civil Legal System Of The Reservoir In China

China has the largest number of reservoirs in the world. The reservoir plays an important role in storing water, supplying water, fighting against drought and flood prevention. It promotes national economy and social development. However, at present the legislation about the reservoir leaves something to be desired. And neither the theories of law nor the practice has common awareness in the legal status, ownership and use of the reservoir. So it is imminent to study about legal problems of the reservoir in our country.The reservoir is the most important man-made system for storing water. It has economic function, social function and environmental function. Its characteristic of public benefit determines that social function and environmental function have priority to economic function.Whether the reservoir is an organized system has given rise to much controversy. The reservoir is an article of property first, the assets of reservoir include certain waters, and structural member such as dam, dike and water gate. The water often changes, and the volume of flow has difference between year of abundance and year of drain. So the asset of reservoir is not a defined thing. As the development of the reservoir, it is necessary for the reservoir to contact with others. The reservoir is not only an article of property, but also an independent organized system. As an organized system, the reservoir further more is subject of corporate personality.The effective use of reservoir depends on the distinct ownership system. Nowadays, the problem remains in the ownership of reservoir is that the ownership is not clear, especially in defining the characteristic of farmer's work and efforts in building a reservoir. So the nation adopts the principle of that who makes investment, who has ownership. But the principle was too simple. We should also solve the problem concerning land ownership and ownership of water in reservoir.Being an organized system, the reservoir has certain assets. In order to exploit the function of reservoir to the full, we should supply water in contract. The reservoir water supply contract differs from contract for water supply in contract law and conveyance of water right contract. The characteristic of public benefit determines that the reservoir water supply contract has special nature in contract party, terms, performance of contract and contractual liability.