对河岸居民取水合法性的探讨

The Discussion on Legitimacy of Residents' Right to Water

《宪法》、《物权法》确立了河流的国家所有制,那么河岸居民的生活取水是否侵犯国家所有权呢?应如何看待河岸居民的取水权,成为一道法理难题。对于这类问题,首先要对"河流属于公物"的论题进行辩诘,其次要从公共所有权理论,法社会学视角以及法律的现行规定三个理路分析探讨,并进一步提出新问题,逐步推进。最后,以对人权的回归,解释居民取水权的逻辑自洽性。

'The People's Republic of China Constitution' and 'Property Law' stipulated that the ownership of the river belong to the state,then the riverside residents on the river bank for their daily use,whether it violated the country's ownership of it? How do the residents of the river water rights? First,the author of 'rivers are public property,' this topic was identified scold,and then separate from the public ownership theory,sociology of law perspective,as well as the existing provisions of law analysis to explore the three ways and to further raise new problems,at every level to promote.Finally,the return of human rights to explain the logic of the residents the right to water self-consistency in order to address the issues raised at the beginning of the article.