The Study Of Water Intake Right

The Property Law Enacted in 2007 prescribes the water intake right in the usufructuary right, which terminates controversies about the nature of the water intake right. Before the Property Law, the Water Law has prescribed the water intake right, but the law prescribes it from the administrative perspective. But the nature of the water intake right is not clear, the consents of the right are not perfect, so the remedies of the right are not in reach. The Property Law defines it as the part of the usufructuary right, so the remedies of the water intake right are perfect. Hence, the infringements of the water intake right have the reasons of the Property Law. But the Water Law and the Property Law prescribe the water intake right simply, so the perfection of the water intake right becomes necessary and possible in theory and in practice,This thesis carefully analyzes the concept, nature and obtaining of the water intake right. The text has three parts, about 31,000 words.The first part analyzes the concept and nature of the water intake right. This part is the basis of understanding the water intake right. In the concept, the thesis compares the different ideas of different scholars and defines the concept of the water intake right. This thesis concludes that the water intake right should be defined as the right of obtaining the surface water and ground water according to the laws and the habits by the natural person, legal person and other organizations. In the nature of the water intake right, this thesis analyzes the period of appearing of the water intake right and compares the different theories, and concludes that the water intake right should be the private right. Then, this thesis analyzes the controversies about the water intake right and forms the idea that the water intake right should be the usufructuary right.The second part is the elements and the effects of the water intake right. The elements of the water intake right be parsed as three parts, the subject, the object and the content. The subject of the water intake right should be the natural person, legal person and other organizations, by comparing other theories of other scholars. The object of the water intake right, the thesis holds that the water intake right should be in the narrow sense and compares the theories of abstract and concrete water intake right. The contents of the water intake right include the rights and obligations of the person of water intake right. In the effect of the water right, this thesis discusses the exclusive effect, the prior effect, the pursuing effect, right for claim of real thing effect. Generally speaking, the water intake right does not have the exclusive effect and the pursuing effect. In the right for claim of real thing, the water intake right includes the rei vindication, elimination of the obstruction, and the elimination of danger, etc.The third part is the transaction of the water intake right. This part includes the obtaining, conveyance, termination of the water intake right. In the obtaining of the water intake right, this thesis analyzes three systems, including riverside right, occupation and permission of using water and pays significance to the permission of using the water. Then, this thesis discusses the procedure of the water intake right. In the conveyance of the water intake right, this thesis discusses the regulations, contracts and the restrictions of the water intake right. In the termination of the water intake right, this thesis summarizes the three main reasons of the termination, the renewal, the cancellation of the permission, the collection and the conveyance.