Onthetransferofwaterrightsofthescopeprinciplesandconditions

1、 On the transfer of water rights of the scope principles and conditions Abstract: At present, China has implemented a major transfer of water rights are basic conditions for the climate and the premise, you can through legislation planned, step by step, there are pilot projects, there are choices in establishing water right transfer of the legal system and market mechanisms. In view of the implementation of water rights trading, the establishment of water market in China is a new, systems engine

2、ering, need to water legislation, water administration, water, economic policy, enterprise operational mechanism of water in various aspects of well-prepared and reform, this article far as this stage, the scope of transfer of water rights, principles and conditions to explore with a view to initiate drew-depth study. Keywords: the scope of the principle of conditions of water right transfer A water rights system, transfer of water rights and the scope of transfer of water rights (1) water right

3、s system In order from the overall situation and the overall development of transfer of water rights and the establishment of water market policies must be integrated with systems theory and comprehensive study of the idea of water rights, to prevent one-sided on the issue of water rights and industry trends regarding the establishment of a legislative scientific and rational system of water rights. In accordance with national law, water rights system includes the following several rights: 1. Ow

4、nership of water resources In a fairly long period of time, rivers and lakes and other water sources as humans can not control, exclusive of the commons, there is no formation of the concept of ownership of water resources in general with riparian rights, easements and other property to adjust the water rights. With the expansion of the scale development and utilization of water resources and water issues become increasingly serious, the relevant provisions of the common law has been difficult t

5、o adapt to the use and management of water resources, a number of state laws began to water sources such as rivers and lakes, and seas to give the concept of ownership. Currently, many States provide national ownership of water resources, but also in some countries the legal requirements of the units (including legal and illegal peoples organizations), individual ownership of water resources. For example, in Russia, ownership of water resources sub-countries, units and individuals in a variety o

6、f types of ownership. According to Russia, China and France, individual scattered water bodies could belong to municipal bodies all or some citizens and legal persons. “The Russian Federation, Water Law” (1995) Article 33 states: “Water can belong to the Russian Federation of all, you can also belong to the Russian Federation, the states, the District of all.” Article 35 stipulates: “All water bodies, including those that do not belong to individual towns , citizens and legal persons scattered a

7、ll water bodies, should belong to state ownership category. “According to our” Constitution “and” Water Law, “state ownership of water resources; agricultural collective economic organizations, all of the ponds and reservoirs in the water, belongs to collective ownership; that our laws on the ownership of water resources, including national ownership and collective ownership of two kinds. Water ownership refers to the country, units (including legal persons and unincorporated organizations) and

8、individual water legally entitled to possession, use, benefits and dispose of rights is an absolute property right. Of water resources as a civil right to ownership of content, including water resources, water resources, all according to their own enjoyment of possession, use, dispose of four kinds of benefits and empowerment. The object of ownership of water resources or water bodies of water resources is the water bodies of water ownership and ownership of the land unity. If the water will be

9、from the legal ownership, the right to use land and water resources (including the subsoil water resources, water resources, coastal states and with the adjacent land) ownership, right to use separated, then consideration should be given to identify water-related of land ownership, land rights, easements, right to the shore. In theory, the ownership of water resources should be applied to all the features of water resources. However, the traditional Civil and Commercial Law, Economic Law focuses on the ownership of the possession, use, benefits and disposition of the economic functions of water resources, namely water resources, economic possession, use, benefits and punishment, rather than environmental features and social functions included in the inside. 2. Water resources usufruct or right to use the At present the concept of the right to use water resources in China, with foreign c

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