论水环境物权——从环境物权视角构建水权制度的可行性研究.pdfVIP

Abstract A great number of theoretical research and research writings by lots of scholars at home and abroad nowadays have concerned with the notion — w ater rights. The core of traditional theoretical research on water rights includes the theoretical design for initial water rights disposition and water rights operation system, namely, the water rights circulation system. From the legal point, the traditional theory essentially aims to optimize the allocation of the water resource and improve the economic benefits of water resources utilization through the construction of legal system for water recourse. However, the water resource, an absolutely necessary stuff and material base for human survival and development, functions not only as economic value, but also as the ecological value for the maintenance of ecological circulation. It has been a long time that, human beings just set eyes on the economic attribute of water recourse or overweight economic utilization efficiency, which consequently caused the ignorance on the ecological attribute of water recourse and the constant deterioration on it. With the increasing severity of China’s water resource pressure and crisis, we need breaking away from unfavorable effect and predicament of the water resource problems on peoples life and production. How to extricate China out of the plight? Due to its system design defects and historical limitation, traditional theories are not appropriate to be the thought foundation no longer for the legal system design. As a result, new theories are needed to break through the constraint of traditional theories and to remedy the defects. The present researcher holds the view that the birth of new-type real right legal system and the theory of real right for environment has provided a brand-new visual angle to solve the above-mentioned pr