水资源所有权问题研究

我国水资源短缺和水污染问题严重，最根本的原因是水资源产权制度尤其是水资源所有权制度不合理。从水资源配置的效率与公平角度，依据产权经济学理论，对水资源所有权及其分配问题进行了探讨：对水资源所有者产权与他物权，江河湖泊等水体所有权和水体所蕴含水资源所有权进行了区分；以水资源是社会成员生存与发展的自然物质基础、水资源的竞用性和水资源自然供给的区域性为依据，探讨了江河、湖泊等水体水资源所有权的权属界定，水资源所有权在社会成员间的合理分配，国家与水资源所有权的关系和国家拥有的水资源所有权的性质；最后提出了既能保障社会成员生存与发展权利，又能实现资源配置效率与公平的以社会成员所有为主的水资源所有制。

ESEARCH ON OWNERSHIP RIGHTS OF WATER RESOURCES

The water resources shortage and water pollution problems are quite serious in our country,the fundamental reason of these problems lies in the unreasonability of the water resources property rights sys- tem,especially the water resources ownership rights system.Therefore,from the perspective of the efficien- cy and fairness of water resources allocation,also based on the property rights economic theory,this paper mainly discusses the problems about water resources ownership rights and their allocation:firstly,this pa- per distinguishes the differences between the property right of water resource owners and their real right, the ownership of water bodies and the ownership of water resources in water bodies;secondly,according to the fact that water resources are the natural material foundations of people's living and development,the ri- valry property of water resources in usage and regional property of the supply of water resources,this paper also discusses the definition of water resource ownership in water bodies such as river and lake,the reason- able distribution of water resource ownership among social members,the relationship between the state and the water resource ownership rights,and the nature of the state-owned water resource ownership rights,at last this paper brings forward one ownership of water resources which is mainly possessed by social mem- bers that can not only guarantee the survival and development right of social members,but also achieve both efficiency and equity of resources allocation.