Research On The Water Resources System Of Usufructuary Right

This paper studies the improvement of water resources and property rights in China.Before the middle of the 20 th century,mankind will be regarded as the same as other natural resources,water resources can be unlimited use of renewable natural resources,their lack of water without any worries.At present our country the water separated from the land of the object of rights as an independent and owned by the state,although this rule is helpful to protect and unified management of water resources,but not build a complete system of usufructuary right of water resource in our country,not only can't meet the needs of users,and exert the maximum value of water resources.China's implementation of the law of the People's Republic of China on water act does not adapt to the demands of the development of market economy,and because of the uneven space-time distribution of water resources in China,serious shortage of water resources in some areas to the rules of market allocation to meet the needs of users,and some have rich water area of the existing way of using rough led to the limited water resources running off.The concept of the ownership of water resources is defined by the current laws and regulations on water rights in our country.Although the ownership of water resources in China belong to the state,but in practice at all levels of the government on behalf of the state to exercise the ownership of water resources,at the same time,the water resources fee is imposed by the local government,not included in the central fiscal revenue.In other words,governments at all levels are the owners of water resources.Lose the ownership of water resources,in fact,in the practice of countries can ensure water to meet the needs of water,and finally lead to a conflict between all and use of water resource.So how do you resolve this conflict? The legal approaches to resolving this conflict in our country are still incoherent.This article mainly advocated unchanged,on the basis of the ownership of water resources through setting water usufructuary right on the ownership of water resources and water by water resources fee is paid to the country for the purpose of the water resources using and profit-earning right of,and through the relevant laws and regulations in the clear water usufructuary right position to lift water into commodity level and realize the formation of water rights trading market,ultimately achieve the goal of effective utilization of water resources and environmental protection.