On The Resolution Mechanism Of Water Right Dispute In Modern China

Water Right is the right based on water enjoyed by obligee.In Modern China,Water Right is the usufruct of surface water and groundwater.In China,where the total amount of water is insufficient and the water quantity is unevenly distributed in time and space,Water-related disputes are very common and have a direct impact on people’s lives.Moreover,Water Right disputes in modern China did not only exist in arid areas,but also in the Taihu Lake basin,which was relatively rich in water resources.Taking the Taihu Lake basin as a sample,this paper analyzes the causes,manifestations and resolution mechanisms of Water Right disputes in the Taihu Lake basin,and compares the similarities and differences between Water Right disputes in the Taihu Lake basin and those in the whole country,this paper summarizes the general characteristics of Water Right dispute resolution mechanism in modern China and makes a brief evaluation of the mechanism.The vast area of the Taihu Lake basin is not confined to the narrow Taihu Lake and its coastal areas,but is dominated by the Taihu Lake,with the Tiaoxi river system,the Jingxi river system,the Canal system and the Suzhou Creek river system as its veins,many rivers and lakes and their surrounding land areas together constitute a special region.The causes of Water Right disputes in the Taihu Lake basin are various.This paper analyzes the causes from four aspects:nature,economy,politics and history,a combination of factors has led to various forms of Water Right disputes in the Taihu Lake basin.In the final analysis,these disputes are a competition between economic interests and ecological interests.In response to these disputes,the Taihu Lake basin has formed two channels for dispute resolution,namely,the civil dispute resolution mechanism and the official dispute resolution mechanism.Among them,civil dispute resolution mechanisms include armed struggle,public opinion,mediation,religion and so on.The official resolution mechanism is mainly administrative and legal means,including administrative adjudication,litigation and so on.Although the dispute of Water Right in Taihu Lake basin has its regional characteristics,as a part of the dispute of Water Right in modern times,it also reflects the general characteristics of the dispute resolution mechanism of Water Right in modern times,such as the civil power is stronger than official power in dispute resolution.The resolution mechanism of Water Right dispute in modern times did not give full play to its own function because of its time background,but it still had certain advantages,such as the use of customary law and non-litigious means.The merits and difficulties of Water Right dispute resolution mechanism in modern times are of certain reference value to the improvement of China’s Water Right dispute resolution mechanism.