Legal Research Of Rainwater-harvesting In The Water-lacking Area Of China

Rainwater-harvesting is a kind method of collecting and making use of rainwater which has been existed for thousands of years in the water-lacking area. From 1980 s', the technology of water-harvesting has been improved constantly, which has resulted in satisfactory effect. The theory of technology of water-harvesting has been mature, but the basic theory of law in this area is insufficient, both in the legislation and the law-theory. So we will research the most basic legal-theory in this area. If this paper were good enough, it will give great help to the legislative practice of our country.Through the research, we conclude these points: at first, the right of the people in the water-lacking area belongs to the right to subsistence and is one kind of the human right to water. Secondly, the laws in our country don't prescribe the owner of the rainwater, so we consider the rainwater is waif. And the action of collecting rainwater is pre-empted. At the end, Water-collector takes the ownership of the rainwater, namely the four kinds of rights: the right of occupancy, the right of using, the right of lucre and the right of disposal.In the process of writing the paper, in addition to the methods of literature search, comparisons of history or of foreign legislation and so on , the most prominent research method of this paper is Investigation Methods, most of the basic conclusion of this paper is from field investigation; Another research method is international comparisons, with which we conclude the nature of the "rainwater harvesting rights".For the "right to water" in nature, content, the domestic theorists have not yet come to an agreement. So the "dispute of water rights"can learn from our conclusions. In addition, the conclusion of the legislative proposals put forward for China's future legislation of great significance.