On The Construction Of Civil Law Water Rights System

The serious shortage of water resource has been the bottleneck of limiting our national economy and social development. There are two solutions to this problem. One is to increase the material factors, the other is to increase the institutional factors. The former mainly refers to "South-North Diversion Project", the latter refers to establish the system of the right of water. Obviously, the former which can't solve the water shortage in rural in north of China is just a stopgap, while the latter is the key to solve this problem. To be concrete, the distribution of water resource can realize the terminal aim of sustainable development of water resource.The article is composed of five parts, about thirty thousands words.In part one, the article mainly introduces the current situation of water of china. It's clear that the water resource becomes scarce, on the other land, the rigid distribution of water leads to waste of water consumption. The registration of water right can ensure the safety of transaction,.The second part analyzes the conception and characteristics and some related rights of water right. The author thinks the water right is derivated from the ownership of water resource. The article puts forwards that the water right is an analogous property which defined as a transferable property so that it becomes the legal foundation for realizing the most favorable distribution through market mechanism. The characteristics of water right includes the speciality of the object, the non-opposite effect of the exclusivity, the case of lost of water right. In present, the water right is independent from land ownership, so the law of water should be applied first.In part three, the article has a comparative study on the system of water right of America, Japan and Taiwan. The similarity of the three legislations lies in: water resource belongs to states, water permitsystem is used in all three areas. The water right is affiliated to the administrative power. All the features manifest the regulation of public law, water resource must be used in high effect and the water right has a long existence. The basic difference between the three legislations lies in the attitude on the transaction of water right. In Japan and Taiwan, the transaction is exected strictly, which the transaction in America is executed more freely.The fourth part introduces the current system of water right of China. The article points out that the fatal drawback of current system lies in the non-transfer system of water right which can never make full use of water resource.In part five, the article makes elementary suggestion for establishing our legal system of water right. The first step is to reconstruct the system of the priority of water right. The second one is to release the transaction of water right. The third one is to establish the remedy system of water right. These measures above can give a support to establish the system of water right.