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日本虽缺乏全国性地下水综合立法,但其司法经历了土地所有人绝对所有权、权利滥用原则、社会公共资源和保护环境人格权四阶段。因而地下水逐渐脱离土地而独立,趋向公共物,并基于其流动性、循环性的特点,使得地下水法律性质需要从全流域视角考察。日本学说也经历了相应地过程,从土地构成说向土地分离说转移,并注重公法对私法的作用。日本的理论与实践对施行地下水国家所有、有偿许可的我国来说也具有一定借鉴意义。
Although Japan lacks a comprehensive national groundwater legislation, its judiciary has gone through four stages: absolute ownership by landowners, abuse of rights, social public resources, and protection of the environment. As a result, groundwater is gradually separated from the land and becomes independent and tends to public goods. Based on its characteristics of fluidity and circulation, the legal nature of groundwater needs to be examined from the perspective of the whole basin. Japanese doctrine also went through the corresponding process, shifting from the theory of land formation to the separation of land and the role of public law in private law. The theory and practice of Japan also have certain reference significance for our country, which has all the groundwater countries and has paid permission.