The Definition Of The Property Of State Ownership Of Water Resources

With the intensification of water resources crisis,the scarcity of water resources is constantly emerging.Most of the countries in the world have begun to stipulate the ownership of water resources through law,strengthen the protection of water resources and improve the utilization rate of water resources.China has also established water resources as the whole people,and many laws and regulations have confirmed the state ownership of water resources.These norms clarify the ownership of all countries in the water resources,but also sparked controversy in academic circles about the attribute of state ownership of water resources.As to the division of legal norms,the most basic classification method is to distinguish public law from private law.The constitution of the People's Republic of China and the property law of the People's Republic of China stipulate the state of the water resources respectively,so that all the water countries are standardized in the public law and in the private law.Then,can it determine the nature of public law and private law in accordance with the norms in its legal nature?There are many opinions in the academic circles.When defining the attributes of state ownership of water resources,many doctrines often fall into wrong thinking,and it is difficult to define attributes correctly.In order to clarify the property of the state ownership of water resources,this paper first combed the relevant legal norms,and made clear the role of each legal norm and the relationship between each other.Secondly,it summarizes the main contents and shortcomings of the public rights and private rights of the state ownership of water resources,and makes clear the important premise of the qualitative property of the state ownership of water resources,that is,the ownership itself has both the public property and the private property.Thirdly,it can be concluded from the reflection conclusion that the ownership of private law and public law can exist at the same time in water resources,and the nature of the state ownership of water resources plays a decisive role in the ownership power,which makes the ownership of the state of water resources dual power,and the dual power of the water resources state ownership is also realistic,It is in line with the development trend of ownership right theory and the objective requirement of water resource market allocation;at the same time,the application of dual power in practice can produce certain practical value,which is beneficial to solving the current theoretical predicament of the state ownership of water resources,and is conducive to the realization of the dual value of water resources.Finally,it is clear that the ownership of the state of water resources has dual attributes,and the ownership is changed by public law when the ownership is exercised in the public law field;when the ownership of water resources is used in the field of private law,its power and power are not different from other ownership.Of course,the determination and development of the dual property and power of the state ownership of water resources depends on the perfection of the norms.Through the analysis of the principles for the formulation of the relevant legal norms of the state ownership of the water resources,the legal norms of different fields have different principles,but their formulation needs to comply with the necessary procedures stipulated by the law.The confirmation of this series of problems provides basic conditions and guiding ideas for the establishment of water resources related activities system,and is the first step in the protection and development of water resources.