Research On The Water Right

The severe lack of water resources has become a global problem of the 21century .Our country is comparatively insufficient in water resources, and the distribution in different seasons and regions is unbalanced. The insufficiency of water resources has greatly restricted the development of economy and society. Under these conditions, the study of water rights has profound theory value and real sense. The Water Resource is a kind of fundamental and strategically natural resources. The function of Water Right System is to solve water crisis in China. But the theory and practice is scanty, especial in legislation on Water Right System. In practice, the importance of water resources is Well-known. We must pay attention to its fundamental part-the system of water rights. At the same time, as the theories of civil rights are gradually coming near to perfection, which also calls for the further research of quasi-property especially water rights motivated by the above-mentioned reasons.The first part is about the definition of water rights. This part is the basis of later nature of water rights. To scientifically define the concept of water rights is the premise of probing into the system of water rights. In this part , firstly ,the author makes comparison of the already existing concepts of water rights and analyze the diversified theories about it ,hen draw a conclusion that water rights is the kind of multiple rights consisting of using rights and benefiting right. By comparing water rights with land rights, neighboring water use, water drainage and the legal right of use of land, the author analyzes the theoretical value and practical significance of the existence of water rights. Water rights is a sort of independent rights, the independent character consists of two senses: one side, water rights is independent from land ownership; the other side, water rights is independent from the ownership of water resources. Secondly, the author classifies the water rights, which is the basis of further study. Water right is a cluster of rights derived from the ownership of water resources. It consists of the rights to draw, divert, conserve, and discharge water and the right of navigation on water and has the mixed nature of private and public rights.The second part is about the quality and characteristic of water rights. This part, following the first one, analyses the quality of water rights. Following the logical train of thought in studying the nature of water rights, based on analyzing the definition of water rights, this article studies the nature of water rights from three respects: 1. The nature of real rights; 2.The nature of quasi-property; 3.The nature of commercial water rights. Water right is use right, which breaks through the limitation of traditional theory in civil law. In tradition, the scholar thought that the object of use right is only real estate. Beside having many coherences with the common real right simultaneously, water right has an hard and particular characteristic.Plentifulness of the water right contents diversification, the public,private power of the water right mixture with the law,water right relation adjusts and special etc, that apply again dissimilitude in common real right, therefore, say accurately, water right should for allow the semi-real right. Water right has the character of quasi-property, which is the particular nature of water rights. The third part, through the investigating of the domestic and international water right law system and its research experience, that pointing out the leading thought and basic principle to build our country water right law system.We should refer to the experience of foreign water right system,make clear of the defect of our system and set up the innovative system. At first,we should know the intention of water right,analyze the structure of demand and carry out the initial disposition. After that,we should change the government 's leading role in the resource distribution,make the government withdraw from the resource distribution field,use the government 's function to control the water things effectively and really rely on the market to carry on the water right transaction. Only in this way can we make the water right become a kind of private property right relatively,circulate freely on the market,thus overcome the defect of common right to realize the disposition effectively.