中国水权法律制度研究

A Study of the Legal System of Water Rights in China

中国古代社会制定水利法律制度主要解决水灾、漕运和灌溉问题 ,其中以农田水利法律制度为主 ,没有完整的水权制度。我国现行的水权制度主要包括水资源所有权和取水权制度。相比较而言 ,我国现行水权制度还不完善 ,水权概念不完整 ,水资源所有权制度不完善 ,没有建立水权流转制度。而完善我国的水权制度 ,不仅是水资源管理工作、立法工作的客观需要 ,更是适应社会主义市场经济体制 ,贯彻落实党中央。

In ancient times,the legal systems of water conservancy was made out to solve the problems of flood,transport of grain by water and irrigation.Most of them were laws and regulations on irrigation and water conservancy.There was no complete system of water right at that time.In China,the current systems of water right include the system of ownership of water resources and water in-taking.The current system of water right is not perfect and the concept of water right is incomplete.In addition,the system of ownership of water resources is imperfect and that of the circulation of water resources has not been established in China.To improve the system of water right in China is not only necessary to administrating and legislating water resources,but also important to suit the socialist market economy and to implement the decisions of the Central committee and the State Council.\;