On The Relationship Of Water And Land In Right Transference

Water is closely related to people's live, most of countries provide that water is owned by the state, no individuality and organization can be the owner of water. Before the law concept, water rights, appeared, the right of using water was attached to land rights, the owner or user of land could use the water below or near the land. But now more and more counties set up water rights system, separate the water right from land rights, because water shortage is becoming a series problem and the dispute about water using is more and sharper than before. The people who own the right from land could not own the right of using water below or near the land as it ought to be.Law of the People's Republic of China on Water has found the licence system of water exploitation and water using in natural. The Regulations on Water Exploitation Licence and Fees for Water-using Management made by the central government has set up the foundation for water right transferring. Law of the People's Republic of China on Real Right and Law of the People's Republic of China on Land Administration have founded the transferring system in land-using right. But after it being independent right in law, water right can not always be allowed to be transfered alone, because its natural links with land so its transferring related to land right in some extent and situation. It is with much regret that there are no regulations about the relationship between water right and land using right in rights transferring in our country.Based on the careful study in the system of water and land using, this article treat at the relationship between water right and land using right in right transferring from the view of usufruct of immovable property. It views that there are two states in the right transferring on water right and land-using right, combining and separating. Nowadays, there are no regulations about the relationship of water right and land-using right in rights transferring in our country. It is a drawback in system. We need perform our right transferring system in water right and land-using right from the regulating principles and separating-combining states of the relationship between water right and land-using right in right transferring.