Analysis Of Water In Property Rights Sense

Water is of essence to the life and production of human being, however,the shortage of water has been become a bottleneck to the social economicaldevelopment. For one thing, the imbalance of supply and demand of wateris increasingly acute, for another thing, there are other problems suchas the pollution and waste of water is more and more serious and theutilization ratio of water is low. Stop the pollution and waste of waterand increasing the utilization ratio of water has become a importantmethod of solving the imbalance of supply and demand of water andalleviating the globe water crisis, and the water right systems is thesolution to achieve such goal.The essay, starting from the basic theories of property, with themethod of positivism, economical analysis and comparative analysis, makesa comprehensive academic study with multi-angle on the definitions andcharacteristics of water and water rights, the comparisons between waterand objects in traditional property sense, between water rights andutilization property rights and between waters of different forms. Thisessay consists of five parts, with total number about40000words. Bycomparison between water and objects in traditional property sense, theessay comes up with the characteristics of water in common and withspecialty, and raises questions on the defining standards of characteristics towards the objects in traditional property sense. Theessay proposes that more flexible standard shall be resorted for thedefining the characteristics of water so as to prove that water has thecharacteristics to be eligible for the object of property. Under theconditions of lack of study towards property rights system of water, theessay makes a study on the ownership and other rights of water from theangle of water resources and water products.Academic study on water rights in our country has not been long, waterright is still a academic concept. There is no concept of water right inChinese property law, and the academic circle has not formed a coherentopinion towards the nature of water rights. The author puts forwards someviews towards the nature of water rights and classifies water rights intocategory of quasi-usufructuary right and compares water rights withtraditional usufructuary right, quasi-real right and usufructuary rightso as to have a clear view towards the nature of the water rights. Whilemany scholars are skeptical about the uniqueness and independentcharacter of the object of water rights, the dominant trait andexclusivity of water rights, the author holds that the water rights hasthe general characteristics of property rights and makes analysis of waterrights of water in the river, lack, glacier, underground, in the canal,pond, reservoir, of rain or of desalinized sea water or reproduced water.This essay is well-analyzed with a unique angle and is of guidingimportance towards comprehensive and objective understanding waterrights so as to classify the water rights in the property law system.In the legislation model, the property law shall include the waterrights with principle stipulation and special laws shall make detailedregulations on the concrete water right systems. At last, with a view ofprotection of water rights and the existing problems, the essay proposesseveral suggestions towards the legislations of property rights of water rights so as to lay provide academic basis for the legislation of propertyrights of water rights.