Study on the Basic Questions of Water Right
|Course||Civil and Commercial Law|
|Keywords||the right to water rights Water Right Transfer priority right to water relief|
With the development of economy, China’s water resources increasingly tense, and the importance of water resources also has increasingly become a consensus in some areas which has been the practice of Water Right Transfer. Although our country in the new "Law on Real Right," to introduce the concept of the right to water, but in theory, but the lack of law water rights system-depth study on China’s water rights theory has been lagging behind the development of the practice of the right to water. Based on the above reasons, the paper will be water rights system has made a comprehensive and systematic, and to building a local characteristics of the water rights system.This paper is divided into four partsPart 1: The concept of the right to water and natureThis part first introduce the concept of the water right; and conclude The fundemental differences is weather water right contain the property Of water, and think water right is the right of use of water resources. This section introduces the concept of the right of the water and nature. Water Right compatible with public and private nature, the essence of the right to water for privacy, but also the right of the public with some characteristics.PartⅡ: Ancient Chinese water rights systemThe part on China’s ancient water system Overview of ancient Chinese system and the priority of Water Right Transfer system. The right to water has a strong localization system characteristics, building our modern system of water rights should be fully absorb water rights system of ancient China’s experience.PartⅢ: water right priorityIn the initial allocation of water rights, the need to address the primary issue is the priority of water right sequence. We propose to be the first of the main principles, the principle of the right to the bank and supplemented by customary right to water. In addition, China’s water right priority in sequence, we should give full play to the priority system in the protection of the private property rights of water right attributes and the role of the ecological environment.PartⅣ: Water Right TransferAfter the water right is distributed, water right transfer become an important measure to display the water resourse. The civil body should Become the owner of water right rather than government. The section sets out the reasons for the Water Right Transfer, Water Right Transfer Contract unique and Water Right Transfer of Water Right Transfer procedures and the role of intermediary organizations, as well as several of China’s Water Right Transfer comment typical.PartⅤ: against water right and the responsibility of reliefViolations of the right to water under many circumstances constitute a special infringement, it is different from the composition of elements of general tort. Violations of the right to water relief, in the exercise of the way also has its own uniqueness. It do not reqire irredularity behavior or have fault, at the same time it have complex conseqence.