论取水权的限制-民商法学专业论文.docxVIP

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract Since the Property Law has been enacted, the water intake right has been clearly prescribed in the usufructuary right. As a property right, water right has been established and protected by the Property Law and related laws, which provide a basis for the setting of comprehensive water intake right system in China. But recently the “12th five-year national economic and social development in China (2011-2015) platform for planning” conceives the resource conservation and the protection of environment as a basic state policy, and in 2011 Central Water Conservancy Working Conference requested “practicing the strictest system for water resources management”, This is a way of speeding up the transformation of the economic development strategy, which is made on the basis of the realistic choice of China’s national conditions and water sources conditions. Based on this historical background, the author discuss the water intake right from the restriction prospective, contemplating on the institution and perfection of the restriction system of the water intake right, though the fulfillment of the national most rigorous management system on water sources, in order to perfect the water intake right system . The body of the text has four parts. Chapter One, the brief introduction of water intake right, carefully analyzes the concept, constitution, nature and significance of the water intake right, forming the correct cognition about the water intake right. Chapter Two focuses on the significances of the water intake right restrictions. This chapter will implement the basic national policy of saving water sources and protecting environment, and stand on the background of practicing the strictest system for water resource management, making comparable analysis between water intake right and water rights， national ownership of water resources, other civil rights, in a bid to make a deep statement on the significance o