乡村振兴背景下水权与地权关系的历史流变及反思

Historical Changes and Reflections on the Relationship between Water Rights and Land Rights in the Context of Rural Revitalization

实施乡村振兴战略的基本原则要求统筹山水林田湖草系统治理。这不仅要求在治理理念上确立统筹思维,还必须形成制度框架和政策体系。那么从权利视角出发,如何通过统筹水权与地权关系,从而实现统筹治理,就成为不得不考量的重要议题。水权与地权的历史流变关系经历了水权依附于地权、水权独立于地权、水权与地权相互制约的发展历程。基于此,提出重构两者之间法律关系的问题。重构水权与地权之间的关系,既具有一定的法理基础,也具有一定的现实基础。在乡村振兴背景下,结合全球水资源稀缺及生态发展的诉求,应该确立权利相对论,改变水权与地权分离的观念;从公权力视角切入,建立水土管理一体化格局;融合协调水权法律制度与地权法律制度。

The basic principles of implementing the strategy of rural revitalization require an overall management of the landscape system including mountain,forest,land,lake and grass.This not only requires the establishment of an overall governance concept,but also the construction of the institutional framework and policy system.Therefore,it is very important to keep the relationship between water rights and land rights balanced from the perspective of rights.The relationship between water rights and land rights has experienced three stages.In the first stage,water rights was attached to land rights.Then water rights became independent from land rights in the second stage.At present,the interconnections between water rights and land rights are growing.So it is essential to reconstruct the relationship between them.The existing resources we have had are certain legal basis and realistic foundation. Under the context of rural revitalization and in combination with the scarcity of global water and ecological development,the theory of right relativity should be established and the separation between water rights and land rights should be changed.From the perspective of public power,we should also develop an integrated pattern of water and land.Finally,we need to integrate the legal system of water rights and land rights.