水权优先权初论

Preliminary Discussion on the Priority to Water Right

水权是自然资源物权的一种。水权优先权指的是各类型水权之间以及水权与水合同债权之间效力上的先后顺序。对水权进行合理分类是讨论水权之间优先权的前提。我国现行水法和物权法从各自角度涉及到水权优先权制度,但是还存在一些不足。完善水权优先权制度,建立公正合理的解决水权优先权纠纷的利益衡平机制,对保护生态环境、实现水资源合理利用具有重要意义。

Water right is a kind of natural resources property right. The priority to water right means the successive sequence on the efficacy of all kinds of water rights and that of water right and water contract right. Classifying water right rationally is the premise to discuss the priority to water right. The present water law and property right law involve respectively the system of the priority to water right from different perspectives. However, there exists some insufficiency. It is of great significance to protect ecological environment and make rational use of water resources by improving the system to give priority to water right and establishing the fair and rational benefit balance mechanism to resolve the conflicts of the priority to water right.