水利经济2024，Vol.42Issue(3)：60-66,7.DOI:10.3880/j.issn.1003-9511.2024.03.009
论闲置水权收储的法律性质
On legal nature of collection and storage of idle water rights
龚鹏程 1王志岳1
作者信息
- 1. 河海大学法学院,江苏 南京 211100
- 折叠
摘要
Abstract
In order to standardize the implementation of the strictest water resources management system and define the legal nature of the collection and storage of idle water rights due to the lack of clear boundaries due to the scattered normative documents of water rights in various places,the characteristics of the collection and storage of idle water rights are compared with the common administrative acts,including the withdrawal of administrative licenses,administrative collection,administrative punishment and the termination of administrative agreements.It is proposed that based on the lack of trust interests,compensation clauses,negative evaluation and agreement forms in the collection and storage of idle water rights,the procedure of idle water rights cannot be classified into the existing administrative behavior system.It is pointed out that the direction of the social obligation of property rights and the rescission of administrative agreements should be adjusted respectively.In addition to reducing the degree of administrative restrictions,it is clear that the collection and storage of idle water rights should be used as the final means and implemented after other means of reminding are exhausted.关键词
水权/信赖利益/财产权社会性义务/制裁性/可预期性Key words
water rights/trusting interests/social obligations of property rights/sanctions/predictability分类
社会科学引用本文复制引用
龚鹏程,王志岳..论闲置水权收储的法律性质[J].水利经济,2024,42(3):60-66,7.
