HUBEI AGRICULTURAL SCIENCES ›› 2020, Vol. 59 ›› Issue (6): 189-192.doi: 10.14088/j.cnki.issn0439-8114.2020.06.039

• Economy & Management • Previous Articles     Next Articles

Research on the perfection of the system of restrictive norms for the transfer of agricultural water rights

WANG Cong-cong   

  1. College of Law,Hohai University,Nanjing 211100,China
  • Received:2019-12-23 Online:2020-03-25 Published:2020-06-13

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

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