水面使用权的法律规制

水资源对人类的存在、发展有着积极的、不可或缺的作用,我国水资源分布南方多、北方少,在开发利用中,需水最急剧增加,供需矛盾日渐突出;水的利用率偏低,又因水源污染严重,加剧了缺水危机等,面对水资源有限和浪费的现状,设计合理的水市场成为重新配置水资源有效机制的必需,解决的途径是完善现行立法,合理规制水面使用权的取得、转让、终止及水面使用权人的权利与义务等内容,建立水权制度,进而揭示水面使用权保护机制对于我国民事立法所具有的创新意义.

Water Surface Usufruct's Definition in Law

Water resources play an active and indispensable part in human existence and development. Our country's water re- source distributes more in the south while less in the north. The conflict between the demand and the supply is becom- ing more and more serious in its development because our need for water is increasing sharply but the water utilization rate is somewhat low; because water resource has been polluted seriously. Therefore it is necessary to design a sound water market which is integral part in the new redeployment the water resources effective mechanism. There is one way to establish this mechanism that we should perfect the present regulation and reasonably define how to get the water surface usufruct, how to convey it and end it; we should stipulate the rights and obligations to use the water surface; we should establish the water right system in order to disclose the creative interest to our country's civil regulation which is invoked by the water right protective system.