論水資源國家所有權的公私二重屬性

PRIVATE-PUBLIC DUALITY OF STATE OWNERSHIP OF WATER RESOURCE

水資源國家所有權在公私屬性上的不確定性，導致現實中出現了國家對水資源支配的所有者身份和對其開發利用上管理者職能的混同，選擇單純的公權或私權調整模式都不足以解決越來越複雜的水資源所有權問題。因此為確保水資源的經濟、社會和生態環境效益的共同實現，有必要對水資源國家所有權的法律性質予以明確。本文從公權與私權的協同性視角出發，探討了公權與私權並非截然對立，水資源的多重屬性決定了國家所有權在主體、客體、權利利益，以及法律依據上需要公權和私權的相互協同、交叉和互補。

The uncertainty, created by state ownership of water resource being a public power or a private right, has caused confusion for state to act as an owner to dispose his property, or act as an administrator to manage the resource. The growing complexity of water issues shows that the ownership problem of water resource cannot be solved either by public-power model or private- right pattern. Therefore, it is imperative to identify the legal nature of the state ownership in order to realize the economic, social and eco- environmental benefits of water resource. This article tries to analyze the ownership from the perspective of coordination between public power and private right Public power and private right do not oppose completely. The multiple attributes of water resource decide that they are coordinated, collaborated and complemented on subject, object, interest, and legal basis of the state ownership.