Research On Several Issues Of Water Right Protection

The First Document of the Party Central Committee, Decision of the Party Central Committee and the State Council of China on Accelerating the Reform and Development of Water Conservancy, was issued on 29 January 2011. Over the past sixty-two years since the founding of New China, this decision is that the Party Central Committee deploys systematically the work about the reform and development of water conservancy for the first time. From 2004 beginning, the First Document of the Party Central Committee has been concerned about the problems of villagers, countryside and agriculture for eight years. Water resources play a decisive role on agricultural production. So it was not hard to see that the exploitation and utilization of water resources is an important foundational work for solving these problems.Water right is one of the most important legal rights in natural resources. It is the basis and prerequisite of water resources Legal System. We study water right and the connotation and extension of its concept more clearly, not only have great significances on scientific research, but guide the actual work in the local water administration department. In recent years, Property Right Theory of water resources has become a hot research topic. Some scholars set an explore study to water right. Because of the varied existential forms of water resources, the indivisibility characteristic of themselves, the dynamic characteristic, the complexity and diversity in water resources development and utilization, there are many different interpretations on the concept and connotation of water right in all types of articles at present. On the whole, scholars think water right is a group of water right beam, which includes property right and use right under different conditions. Researching from property right and property right system, and combining the characteristics of water right, we think water right is a kind of right, which takes property right of water resources as the base and to control, use and gain profit under the condition of water resource scarcity. Water right is the result of Property Rights theory permeating into water resources field. Water resources themselves are not proprietary resources. Government can establish the legal system of community property, and prescribe who can use water resources under what conditions. In this way, we can protect water resources and prevent us abusing water resources so as to achieve the best effect on water resources allocation and utilization. These rules about the utilization of water resources can become a practical right system in some places, where we are unable to set property right. Viewed from angle of economies, water right system in foreign countries is virtually rules regarding this common right and its usage. On the basis of introduction about foreign water right management, we can ascertain the legal concept of water right and analyze the problems existed, so that we can explore and establish the water right system that is fit for China.