On The Restriction Of Water Intake Right

Since the Property Law has been enacted, the water intake right has been clearlyprescribed in the usufructuary right. As a property right, water right has been establishedand protected by the Property Law and related laws, which provide a basis for the settingof comprehensive water intake right system in China. But recently the “12th five-yearnational economic and social development in China (2011-2015) platform for planning”conceives the resource conservation and the protection of environment as a basic statepolicy, and in2011Central Water Conservancy Working Conference requested “practicingthe strictest system for water resources management”, This is a way of speeding up thetransformation of the economic development strategy, which is made on the basis of therealistic choice of China’s national conditions and water sources conditions. Based on thishistorical background, the author discuss the water intake right from the restrictionprospective, contemplating on the institution and perfection of the restriction system of thewater intake right, though the fulfillment of the national most rigorous managementsystem on water sources, in order to perfect the water intake right system.The body of the text has four parts. Chapter One, the brief introduction of waterintake right, carefully analyzes the concept, constitution, nature and significance of thewater intake right, forming the correct cognition about the water intake right. Chapter Twofocuses on the significances of the water intake right restrictions. This chapter willimplement the basic national policy of saving water sources and protecting environment,and stand on the background of practicing the strictest system for water resourcemanagement, making comparable analysis between water intake right and water rights，national ownership of water resources, other civil rights, in a bid to make a deep statementon the significance of the restriction on water intake right. Chapter Three emphasized therestrictions on water intake right in Pubic Law, making a research on the restrictions onthe obtaining, exercising, and transferring of the water intake right especially from theperspective of Administration Law. Then Chapter Four expounds the restriction on thescope of exercising water intake right and on the effectiveness of Property Law based onthe particularity of water intake right from the standpoint of Private Law. In the end, thearticle summarizes the cooperation between the Administration Law and Private Law onthe restriction of water intake right. The research method will choose the cross-over studies on the Civil law andAdministration Law. The creations focus on the following aspects:(1) The researchperspectives possess a breakthrough from the viewpoint of restrictions on water intakeright.(2) The research method has a creation, breaching the limitation of the differentdisciplines, making cross-over study from the two aspects of Civil law and AdministrationLaw.(3) The standpoints own some innovations in which can be concluded as making asystematic analysis and summary on the system and methods of restrictions on waterintake right, putting forward the theory of strict restriction on water intake rightcoordinating with the basic national policy of saving sources and protecting environment.