关键词: 三权分置, 农业水权, 流转, 处分权能, 限制性规范

Abstract: Based on legislative considerations such as the protection function and transfer risk of agricultural water rights, the current law has formulated a number of restrictive regulations on the transfer of agricultural water rights, such as "the subject of transfer is limited to internal members". From the perspective of private law, agricultural water rights have the nature of usufructuary rights and enjoy full legal powers of punishment. According to the perspective of power analysis, the existence of existing restrictive norms has reflected a lot of irrationality. To this end, we can try to take comprehensive measures such as strengthening the economic function of agricultural water rights, abandoning relevant restrictive norms in the current law, and strengthening the government's management and services of circulation, so as to achieve the scientific allocation of restrictive norms of agricultural water rights circulation.

Key words: separation of three rights, agricultural water rights, circulation, disposal power, restrictive norms