Study On Real Rights Infringement Of Water Resource

Water is the source of life. All social development is inseparable from the use of water resources. In order to protect the water resources and realize the sustainable use of water resources, the Chinese government and all walks of life have done a lot of researches and explorations on how to use the legal means to protect the water resources. However, because of the scarcity and community of the water resources, we in a long period of time focused on the water resources public law adjustment and neglected the private law’s micro design protection, emphasized the state-ownership of the water resources and neglected the personal availability of water resources and related regulations, thus the problems of water resources went from bad to worse rather than be solved. In order to effectively control the malignant development of water resources, we should review the current public law adjustment method, and meanwhile we should on the basis of confirmation the water property rights system reinforce the private law protection, design and improve it.The scientific analysis the meaning value of water resources and combined with the existing specific laws and legal rules about water resources, then we should make the water resources real right system more perfect. According to the basic theory of the Tort law, I concrete analyzed the infringing acts of water property rights and put them into two types:Special property rights infringement of water resources and General property rights infringement of water resources. And then the author discussed the imputation principles, constructive requirements, and some related tort liability exemptions. The relief method of water property rights infringement should be diversified not only focused on private relief but also focused on the administrative punishments and judicial aids. After discussion, I hope the nature of the water property rights infringement more clearly; find a proper way to solve this problem and protect the infringed rights. And I also wish to build a proper system to protect the water resources and the planet we live.