A Study On Water Rights In China

Unalloyed natural resources protect law is hard to achieve sustainable use of waterresources, it’s a helpful attempt way to protect water resources by which merge real right andnatural resources protection system.“Water resources protection law" and other protectionlaw’s protection for water resources is static protection, stressing the natural quality andpublic law regulation of water resources, ignoring the social quality and civil law protection,can’t achieve sustainable utilization of water resources. This article takes example by spiritand idea of the real rights system, starts with water resources of usufructuary rights, and thenimproves the efficiency of in the use of water resources and reduces water resources usingexternality, by setting water usufructuary rights. Meanwhile, allowing water resourcesusufructuary transfers the water rights, fully embody and protects water resourcesusufructuary’s economic benefit so as to achieve sustainable use of water resources. Thearticles is divided into five parts, mainly through doing research and analysis of waterresources and the real right system, and combining with the current legal system, then givesadvice for perfecting the real right system of water resources finally.Firstly, the thesis deliberates the background, purpose, significance of the real rightssystem of water resources research, and then summarizes the domestic and overseas researchsituation of the real right system of water resources, research property rights of waterresources by the methods of literature, logic reasoning, value analysis, points out that theinnovation points which is the reference the real right system to achieve sustainable use ofwater resources. Secondly, this paper discusses the object, property right, usufructuary rights,the concept and characteristics of water resources, and puts forward the necessity of propertyrights protection of water resources, defines the concept of the real right of water resource.Moreover, argues that the advantages of the real right system of water resources is that itsrights system are scientific, open, complete necessary system, could be the mirror for perfectthe Chinese real right system of water resource, by resuming the production and system of thedomestic and overseas real right system of water resources. And then, analyzes the Chinesecurrent real right system of water resources, argues the problems of Chinese real right systemof water resources are that real right of water resources is rare, protection of rights is unequal, systems’ connection is not enough, environmental protection function is not distinct, becausethat the theoretical basis of the real right of water resources is disputed, the double identityfetter of the state subject, more strong administrative on water rights, enforcement potencydimension is not as strong as demands of the rules. Therefore, it needs to put aside traditionalthinking, review and solidify the theoretical basis of the real right of water resources, set therights and obligations of real right of water resources properly on the basis of those, payattention to the real right of initial water resources allocation, indicate the principles of waterusufructuary rights, and link up well with the relevant system when wanting to perfectChinese real right system of water resources. Last, it needs to make sure of theimplementation of real right system of water resources, by ensuring that usufructuary of therelief rights in order to revolt violations from public or private power, and at the same time,improve the efficiency of the real right system of water resources in order to ensure thelegislative purpose of real right system of water resources will come true.