论水行政许可的法律性质

文章从水资源国家所有作为物权法上的特殊权属以及行政机关作为公共利益代表的角度出发，论述在水行政许可中国家与政府之间是异化的委托代理关系，从而推导出水行政许可是私法领域的法律行为，公法领域的色彩只不过是为了保护公共利益而出现的公权对私权的有限干预。

The Legal Nature of Administrative Licensing of Water Resources

This article based the standpoints that state ownership of water resources as the special ownership in p roperty law, and administrative organ as the representative of public interests. Then, the article dissertated that the relationship between state and government was principal-agent relation, and then concluded that the administrative licensing of water resources was the legal act in the field of private law. On this issue, the limited interventions from public power was just for protecting public interests.