排水权概念的提出及基本特征初探

Preliminary Study on Concept and Its Basic Characteristics of Flood Drainage Right

从影响粮食可持续供给、引起不必要的水事纠纷、农田除涝排水的治理瓶颈角度探讨提出排水权概念的必要性,将界定排水权定义为对由暴雨洪水造成涝水的排放权利,提出排水权具有公益性、社会性、客体具有特殊的特定性和优先性等基本特征。提出排水权合理配置应遵循的基本原则,即可持续发展原则、公平与效率并重原则、强制与补偿并重原则和责权利一致原则。最后综合分析排水权合理配置需要考虑的6个方面的基本要素。

The necessity to propose the concept of flood drainage right was discussed from the sustainability of food supply, causing unnecessary water disputes and governance bottlenecks of farmland waterlogging drainage. The flood drainage right was defined as drainage right of waterlogging caused by storm and flood. The basic characteristics of flood drainage right were put forward, such as the public welfare, soci- ality, object with special specific and prioritization. The basic principles were proposed, including the rea- sonable allocation of the flood drainage right, namely, principle of sustainable development, principle of fairness and efficiency, principle of enforcement and compensation, and principle of right and interest con- sistent. Finally, the six basic elements were analyzed and should be considered for the reasonable alloca- tion of the flood drainage right.