Research On Specialized Usage For Water Resources

Water resources is the most important material foundation for human lives and breeds,but also the first to enter the legal adjustment range of a class of objects. Water resourcesare a public property, is a matter for public use, the natural public property, thestate-owned public property, owned public property. As the water resources of the publicproperty must meet the requirements of public property to serve the public interest, that is,the use of water resources must serve the public use and administrative use. Accordancewith the legal classification of water resources are divided into free to use the licensed andprivate law are three types in the license to use and can be further divided into concessionlicense to use and the use of common license. The use of different types of water resources,relatively different use rights. Free to use, relatively made general use rights (the right tofreely use); relative made in the ordinary license to use, is the use of the right of ordinarylicense, in Chartered license use, relative made water resources of Chartered use rights;relative made in the use of private law, private law rights in accordance with the provisionsof private law contracts enjoyed. This article is based on a complicated system of waterrights, and specializes in water resources license to use that research in the licensed use ofthe water resources, relative person to obtain a water license rights. Water resourceslicensing refers to the competent authorities of water resources through the concession inthe form of a special law on the water resources in the legal regulation relative to set aspecific use rights relative chartered by the competent authority as soon as made use of thewater resources continue to occupy and may exclude the right to license others to use.Most Chinese scholars unilateral administrative main structure of administrative lawsystem, this paper based on the dual-core administrative subjects and relativeadministrative law system, determining the license to use of water resources in the modernadministrative law system, the water resources licensing (belonging licensing naturalresources) and a branch of the positioning system for the use of public law. Despite ourwater resources licensing positioned as a branch of public law on the use of the system ofits nature, the very large differences in theory. Major public power and private rights,property rights combing academic theory disputes and claims that dispute, demonstrated theoretically that licensed the right to use of water resources, public law right attribute. It isa license to use of water resources of this special status in the administrative law system aswell as the nature of public law rights of ownership of water resources as its basic rights,combined with water resources licensing itself has different characteristics than the privatelaw rights, determine the water resource licensing has clear attributes of public law,licensing for public law on public property. Only from the point of view of public law aspublic law on the rights to use the theory of public law to understand and build a waterlicense to use system. The water license is defined as a public law rights, the ensuingquestion is "exactly what types of license to use of water resources?" That licensed theright to use of the water resources system by which rights constitute? Obviously, theanswer to this question depends on clearly established standard license to use of waterresources system. This paper argues that, should be chartered as a formal standard whetherthrough special law to the rights acquired by the concession after concession itself havedirect control, exclusive, dispositive persistent as the substantive criteria to create a waterlicense to use system and on the basis of the system to achieve its typed. This standard,from the Real, in the laws of our country, only the creation of a water right license to usethis kind of water, However, in consideration of perspective ought, also should be in oursystem and laws prior re-the creation of breeding rights and fishing rights, with theconcession property and into the adjustment range of the water law. Aforementioned waterlicense to use the basic theory and under the guidance of the water resources of the watercapacity of the water delivery system and reasonable beneficial water licensing rightsconfiguration standards, to explore the establishment of the basic system configuration ofthe licensing of water resources in China, and major analysis of the pros and cons of theconfiguration of the administrative and market-oriented configuration; explore theestablishment under the regulation and supervision of the theory, transaction reportingsystem and the principle of trading trial system for exceptional regulatory system,transaction evaluation and stakeholder participation system trading regulatory regime, theinterested party opposition systems.