Research On The Legal Problem Of Water Area Right Of Poyang Lake

The management of water area has made greater progress than past in China. However, there are still many problems in Poyang Lake and other water areas. Because the currently implemented management cannot adapt to the changes caused by the exploitation of water area and the development of the society economy completely, the establishment of water right becomes one of the key measures to realize advanced and effective management of water area. But as a system, the provisions of water right are limited, so we need to make discussion and study on them. On this particular research of the system, this paper is divided into four parts.Firstly, the author makes a general description of the basic theory of water right which includes the definition, characteristics, content and construction. Water area is defined as the rivers, lakes, canals, channels, reservoirs, reservoirs, and their scopes of management except the water and fish ponds in cultivated excavation. Since the academic concept of water right is unclear, the author, according to the characteristics of the water and the related theory of sea right, defines water right.as a rright of possession, use and usufruct from the surface to the bottom of water which obtained in accordance with legal procedures; Furthermore, through the comparison of the similarities and differences of water area between sea area, discusses the feasibility of the legislation to the water right.Secondly, the author introduces the water right systems of major countries and regions in our world. In Japanese legal system, water is a public matter; there is no ownership to be set on, so people can use the right for free. The law in Korean requires getting an administrative license which is get from the management department of Maritime Affairs and Fisheries so as to use the surface of the public water. In common law countries, the water area is regarded as an underwater land, so it is regulated by the land-related legal system. In Macao, water right system provides water is dedicated, but even the water area is public property, it can be leased or temporarily occupied only if it conforms to the provisions of relevant legal system.Thirdly, the author introduces the current problems of the water right system of Poyang Lake. Currently practiced law systems of Poyang Lake are based on the limitation of historical and other reasons behind the reality of the development, legal rules are too general and principle, the management and planning activities of a number of water and lakes are difficult to carry out to the actual implementation and operation, So it does not reach the goal in accordance with the protection and development of the water. In China, water and its related laws, regulations and other normative documents are originally very limited. Furthermore, most of them belong to public law. From the law on adjustment and protection of water resources, because of the interests, there is a phenomenon of right confusion, heavy development and light protection, contradiction and problems highlighted.Fourthly, the author discusses the construction of the water right legal system in Poyang Lake. Water right is a specific piece of water as the content of right directly by the control, based on a specific water disposal so as to obtain economic benefits or other interests. At the same time, the right to use the water and its domination is exclusive. According to the characteristics of water right and theories of property right, we can conclude that water is consistent with the theories of property right and the use characteristics of water. Furthermore, the paper according to a legal system arranges perfect the right of the definition, registration, circulation and specific legal applicable. Meanwhile the author adjusts and improves the composition of the system of water right with the help of the adjustment of the civil law, and uses the administrative law and the constitutional law to establish an effective water right legal system in order to perfect the comprehensive planning and orderly management of Poyang Lake.