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On The Legal Nature And System Construction Of Water Right

Posted on:2012-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:L B WangFull Text:PDF
GTID:2216330368492311Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Water right is a kind of authorized right in authorized use of water resource. Authorized user, that is water right user, is able to be in possession of specific water resource continuously and exclusively. Water right belongs to one of authorized rights in essence. Our country only sets one water intake right on law from practical point of view. However, from theoretical point of view, cultivation right and fishing right should be set and our country should encompass them into adjustment range of water law. Water right is public law effect right achieved by water resource ownership right through the effect of public property management right. What is more, since water right's characteristics, quite different from personal law property right, determine that it has definite public law essence and that it belongs to public property authorized use right in public law. Thus, as a right in public law, we can only make use of public law theories to understand and construct water right system from viewpoint of public law. On the basis of public law right, our country should establish water right allocation standard that puts primary emphasis on"water distribution system's water distribution capacity"and that attaches secondary importance to"reasonable and beneficial use of water". We should import market-oriented allocation method to allocate water resource in a reasonable and effective way in accordance with this standard. We should establish public law regulation system that aims to regard deal application system as primary and deal approval system as secondary with a view to improving water right deal's public law regulation under the aid of other systems'design. We should establish water right public law protection system in three phases: pre water right establishment, in the middle of water right establishment and pro water right establishment in order to enforce water right protection from multi perspectives and in all ways.
Keywords/Search Tags:Water right, authorized right, law nature, water allocation, water protection, water regulation
PDF Full Text Request
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