A Study On Water Rights In The Theory Of Real Right For Environment

A great number of theoretical research and research writings by lots of scholars at home and abroad nowadays have concerned with the notion—water rights. The core of traditional theoretical research on water rights includes the theoretical design for initial water rights disposition and water rights operation system, namely, the water rights circulation system. From the legal point, the traditional theory essentially aims to optimize the allocation of the water resource and improve the economic benefits of water resources utilization through the construction of legal system for water recourse. However, the water resource, an absolutely necessary stuff and material base for human survival and development, functions not only as economic value, but also as the ecological value for the maintenance of ecological circulation. It has been a long time that, human beings just set eyes on the economic attribute of water recourse or overweight economic utilization efficiency, which consequently caused the ignorance on the ecological attribute of water recourse and the constant deterioration on it. With the increasing severity of China's water resource pressure and crisis, we need breaking away from unfavorable effect and predicament of the water resource problems on people's life and production. How to extricate China out of the plight? Due to its system design defects and historical limitation, traditional theories are not appropriate to be the thought foundation no longer for the legal system design. As a result, new theories are needed to break through the constraint of traditional theories and to remedy the defects. The present researcher holds the view that the birth of new-type real right legal system and the theory of real right for environment has provided a brand-new visual angle to solve the above-mentioned problems. Nowadays, with the increasing severity of environmental crisis, sustainable development viewpoint of environment has been gradually introduced into the theory of real right for environment in civil law. The theory of real right for environment is a new-type real right theory that combines ecological function and economic function of stuff according to the definition from the perspective of function. Nevertheless, in practice, the establishment of the above theory gives a more scientific, sufficient and overall explanation than traditional theory on the interrelationship produced through the human utilization of natural resources. Furthermore, Water Rights in the Theory of Real Right for Environment is the application of the theory of real right for environment in the legislative field of water resource. It occupies an important position in the further determining of high-efficient utilization of water resource pursued by water resource law and the goal of environment protection for water resource. Besides, from the visual angle of real right of environment, the present thesis analyzed and reviewed the elementary theories of traditional water right on the basis of the theory of real right for environment. The main content probed in the thesis is to study the feasibility of structuring the new-type water right system under the guidance of the new-type the theory of real right for environment. The thesis falls into the following five chapters. Chapter one introduced and analyzed what's water rights, what're its characteristics and the traditional water rights theory; Chapter two put forward and analyzed the definition of real right environment, and through the combination with the definition of water right, brought forward the concept of " Water Rights in the Theory of Real Right for Environment "; Chapter three analyzed initial water rights disposition and water rights trading from the visual angle of real right for environment; on the basis of analysis in the previous three chapters, Chapter four put forward the basic principle for the establishment of water right system, and designed the construction frame for the new-type water right system; In Chapter five conclusion was drawn: It's inevitable in the social development to transform the traditional water right theory into water rights in the theory of real right for environment. Water is closely related to human existence. The great subject that human being is confronted with is how to establish harmonious balance between the utilization of water recourse and the maintenance of its ecological environment. The present thesis is expected to promote the development of China's environmental real right theory through the detailed research on the application of the environmental real right theory in the field of water rights theory. At the same time, it's also expected to present the theory in the future legislation of the relevant natural resources, strengthen citizen's environment protection consciousness and protect the space that we survive together.