Study On The Right To Drinking Water From Perspetctive Of Civil Law

In recent years,water pollution has become more and more serious,and many water pollution incidents have occurred,which have seriously threatened the right of natural persons to drinking water,and even damaged the physical and mental health of natural persons.Because the protection of the natural person’s right to drinking water is mainly a means of public law,the aggressor mainly bears the administrative liability,and there is almost no civil liability relief for the victim,and even a court has rejected the victim’s civil relief request.In this case,it is necessary to construct the right to drinking water and to maintain the right of natural persons to have clean and sufficient drinking water from the civil law.This paper attempts to construct the right to drinking water as a civil right to ensure that when the natural person’s right to drinking water is infringed,he can get relief and its loss can be compensated.The paper is divided into five parts.The first part is the definition of the right to drinking water,this part mainly discusses the basic theory of the right to drinking water.First,the definition of the right to drinking water is analyzed and clarified.Secondly,the right characteristics of the right to drinking water are discussed.The second part is to explore the necessity and feasibility of the right to drinking water as a civil right.This part discusses the necessity and feasibility of bringing the right of drinking water into the system of civil rights.The third part is to analyze the nature of the civil rights of the right to drinking water.As a civil right,the nature of the right to drinking water should be confirmed.The right to drinking water is related to civil rights,such as personal rights and property rights,but neither of these two types of civil rights can accommodate the right to drinking water.Therefore,it is more appropriate that the right to drinking water belongs to the new type of civil rights such as environmental rights.The fourth part is to clarify the content of the right to drinking water and related obligations.The right to drinking water as a civil right,their rights include the right of natural persons to clean and sufficient quantities of drinking water and the right to exclude pollution from drinking water sources.While enjoying these rights,the right holder shall also bear the burden of saving water,The obligation to pay water resources management fees and water charges and to protect drinking water sources.The fifth part discusses the civil legislative path and the civil relief path of the right to drinking water.The proper civil path for drinking water rights is to stipulate the environmental rights in the constitution,the environmental rights in the civil law and the drinking water rights in the environmental rights.The main way of civil remedy for the infringement of the right to drinking water is to determine the principle of imputation of the infringement of the right to drinking water,and the constituent elements of the act of infringing upon the right to drinking water.Constructing the way of civil liability for infringement of the right to drinking water and the remedy of breach of contract of the right of drinking water,that is,the compensation for breach of contract for the supply of drinking water,and so on.