关于推进水流产权综合改革的几点思考

Considerations on comprehensive reform of water right system for river flows

多年来,我国开展了一系列与水有关的产权制度改革探索,但与从根本上解决水流空间的所有权人不到位、权益不落实,监管权"割裂"、管理不到位等要求相比,仍需创新思路,开展大量理论和实践工作。按照我国现行法规,围绕水流是由水生态空间及其相关资源共同构成完整的生态系统这一特点,研究认为应将水流及其生态空间作为一个整体,充分考虑水流生态系统的特殊性,统筹空间内以水资源为主的各类自然资源要素、多种功能属性以及流域上下游、左右岸的关系,清晰界定产权主体和权利边界,推进水流产权制度综合改革,并提出了明晰与实化所有权、规范和活化使用权、理顺和强化监管权的具体建议。

In recent years, a series of reform has been implemented related to ownership and property fight of water in China. However, there are still rooms for improvements in order to clarify ownership of water flows for effective supervision and increase efficiency of management. It is necessary to take innovative approaches and lay a solid theoretical base in practice. Based on examination of current laws and regulations in China, it is argued that water flow and its ecological space should be regarded as one system since water flow is an integrated ecosystem formed by ecological space and its related resources. All elements related to natural resources and functions should be integrated, considering the feature of water flow ecosystem, so as to properly deal with relationship between upper and lower reaches and right and left banks. Specific measures are proposed for comprehensive reform of water right system, so as to define ownership and boundary of rights, regulate entitlement for effective utilization and also consolidate supervision and law reinforcement.