Construction Of The System Of Water Rights From The Perspective Of Private Law

Water resources(including surface water and groundwater)are one of humanity's most deficient resources.Water intake refers to the use of water intake projects or facilities to directly collect water from rivers,lakes,or underground.And the water right is the most important right to use water resources.The jurisprudence review of the water rights shows that water resources have public properties.However,the private right's property of the water rights should not be affected.At present,China's major laws and regulations related to the management and allocation of water resources have significant public rights interventions.The shortage of water resources administrative regulation is closely related to above.A survey of the national and provincial water right reform pilot areas was conducted.There are institutional and practical problems in the current system of water rights,such as,the water right certificate is replaced by the water-intake license(so-called “one license,dual use”),lack of water right contracts,the regulation of compensation for water rights is not perfect,and the water right transfer system has not yet been established.This paper proposes an institutional concept for adjusting the relationship between the acquisition and transfer of the water right on private law,and its core is to weaken the intervention of administrative measures.In terms of acquisition,the management agencies and operation agencies of water resources should be separated,the initial allocation rules of water rights should be improved,the water right transfer contract system should be introduced,comprehensive reform of water resource fee should be pushed forward,and registration system for water rights should be perfect.In terms of transfer,the transfer system of water rights should be constructed on the basis of market system,involving the transfer subject and object,transfer rules,transfer contracts and publicity,etc.In addition,legislation should be fully inclusive of the possible way of water right transfer.