水权:体系与结构的重塑

水权概念众说纷纭,在广泛运用中缺乏共识,影响对水权的进一步研究.水权的客体是水,而不应该仅限于水资源.常见的水权概念有一权论、二权论的观点,但从财产权角度看,水权中水之物权包括所有权、用益物权和担保物权.水权作为法学概念,其权利体系构建应具有前瞻性,水权应定义为与水有关的权利体系.

Water Rights: Reconstruction of Both System and Structure

The lack of understanding of what water rights stand for hampers further study into the nature of water rights.The object of water rights is water itself rather than water resources.Despite the commonly known one-right and two-right theories,the real rights of water,from the perspective of property rights,should include ownership,usufruct and real rights for security.As a jurisprudent concept,the construction of the system of water rights has to be proactive.And water rights should be defined as the system ...