水权制度初论

A Initial Discussion of Water Rights

本文从水权的基本含义着手 ,通过分析水权与水资源所有权在各国产生的社会经济背景以及二者之间的关系 ,将水权定位为民法上的新型用益物权 ,并进一步说明了水权在优化水资源配置、实现水资源多元价值方面的制度功能。为使水权与相关物权相互衔接和配合 ,作者从理论上探讨了水权与土地所有权及使用权、相邻权、地役权等物权制度的关系 ,并初步提出了理顺它们之间关系的立法设想。文章还探讨了水权不同于传统用益物权的特征 ,并对水权的种类。

This article begins with the meaning of “water rights”; then this article defines the water rights as a new use right in the civil law regime by surveying the emergence of, and the relationship between, water rights and water resources ownership in different countries. This article then continues with the important function of water rights in improving water resources allocation and the realization of the multi-values of water resources. To make the relationship between water rights and other real rights harmonized and complementary ,the author analyzes in theory the relationship between water rights and land ownership, land use right, neighbor right, and easement, and makes a legislation proposal on streamlining the relationship among them. This article also discusses the features of water rights different from traditional use right, the types of water rights, their establishment and acquisition, and the specific rules of water rights trade.