水权概念研究

On Conception of Water Rights

水权概念的厘清是水权制度建设与水权理论研究的前提,我国法学界对水权概念、水权客体以及水权性质等问题争议很大。水权兼具私权、公权双重属性,其客体为水体。取水权为用益物权,不同于水资源所有权与水所有权。目前,《物权法》所确定的取水权是水权最主要的形态。水权具有抽象化定义之前,枚举式的定义比较可取。

Defining the Water rights is the key issue when we probe into the theories about the water fights and try to perfect the legal system on various levels. For the particularity of the water re sources, scholars who devote themselves to researching water fights can＇t reach the same point on the issues such as the concept, the essences and category of water fights. To some extent, the Water Right that applies to water bodies is a kind of public rights as well a private fight. The Right to take water from the water body is a kind of Usufructuary. Following the Property Rights Law of PRC, the Right to take water is the key tvn~ ,f th ~ _t..~