Research On Water Right Legal System From The Perspective Of Resources And Ecology

The water crisis has attracted the attention of all countries in the world.The research on water rights system in China is relatively short,and the research from the perspective of environment and resources law is even less.With the improvement of market function,people have realized the property attribute of water right,but its environmental property attribute has been neglected.From the perspective of both resources and ecology,this paper studies the legal system of water rights,which is conducive to the design of water rights legal system to lay equal stress on the nature of water resources and ecological attributes,and create a more complete legal system of water rights,so as to meet the concept of sustainable development and provide legal system protection for the resolution of water crisis.Water right is the core of research in this paper,and the perspective of resources and ecology is the main line of research.Water rights trading has been implemented in some areas,but water rights should not only be regarded as rights similar to real rights,with ecological value.Through the study and evaluation of the theory of water rights,the paper further clarifies the meaning of water rights in line with sustainable development.The paper uses the concept of "bundle of rights" often mentioned by property economists to define water rights.Water rights are the ownership of water,the right to use water and the right to clean water and good water ecology.Among them,the right to clean water and good water ecology is particularly important.In the study,we found the following problems in the operation of water rights: lack of legal status,difficulty in initial water rights demarcation,ecological crisis of water rights circulation,lack of effective water rights protection mechanism.Looking beyond the scope of the United States,Japan,Australia through the three countries of water rights system combing and comparison,we can draw lessons from experience.In order to solve the above problems,the legal economic analysis method is used to demonstrate the connotation of water rights in law and clarify the legal status of water rights;the initial boundary of water rights is improved by reference to the hierarchical structure;water rights trading adheres to the principle of ecological priority;and the judicial protection of water rights is realized by means of increasing theprepositional procedure of litigation and environmental resources tribunal.Finally,it is the same as water,and combines the two aspects of water resources right and ecological water right to form a complete water right.In short,in order to achieve sustainable development,the design of the legal system of water rights should be changed from giving priority to economic value to paying equal attention to ecology.With the development of society,the priority of ecology should be realized.