Right In The Water Right System Research

With the development of economy, the water resources in china have beenincreasingly tense and the importance of water resources has also increasinglybecome a consensus. Although the concept of water right has been introduced in theProperty Law in our country, in law theory, the study of water right system is stillinadequate. Our country’s water right theory has lagged behind the development of thewater rights practice. It cannot meet the needs of the development of economy and thesociety already. This paper argues that the existing Property Law has developedusufructuary right into the natural resources, and the Water Act has also approved theseparation of the usufruct of water right and the ownership of water right. It’s the timeto define water right as usufructuary right.Water right should be brought into the usufructuary right system. It will beconducive to the protection of the water resources and can improve the utilizationefficiency of water resources. It also can promote the market allocation of waterresources. This conforms to the objective requirement of the social and economicdevelopment. The study of definition of water right and its subject and object, contentas well as the acquisition and transfer of water right is helpful to promote theestablishment of water right system in our country, strengthen the research andconservation of water right. It meets the fundamental interests of the social andeconomic development, so as to realize the sustainable utilization of water resources.This paper is divided into five parts:The first part defines the usufructuary right attribute of water rights and analyzesthe significance of why water right is brought into the usufructuary right system;The second part studies the acquisition and transfer of water rights and focuseson analyzing the significance and the restrictions of water rights transfer;The third part analyzes the exertion and restrictions of water right and putsforward the priorities of China’s water right exercise combining with the priority inancient times, the period of the republic of China and other countries;The fourth part puts forward the principles of water rights protection and discusses the approaches of water rights protection and relief;Epilogue part considers the construction of trading market of water rights andhow to perfect the water right system in our country.