元末明初,两湖地区的水域因河泊所的设置而确立了渔户的捕捞权,随着明中期之后垸田修筑活动的逐渐兴盛,促进了人们占有水域的意识,并在水域上衍生出灌溉权、湖草收益权等新的权益形态。日后更由于商品经济的发展,水面上的通行权、摆渡权,以及因莲藕、菱芡、芦苇等经济作物种植而出现的湖地所有权等权益形态得以产生并不断明晰。两湖地区的例子说明:水域上产权的获得是国家赋役制度运行的结果,必须在制度史背景下考虑产权形成过程中的国家因素,才能更为准确地把握中国的产权问题;导致该地区水域产权变化的因素,既有其自身的历史发展驱动,也有来自长江下游等其他地区的影响,这是长江流域日益整合的表现和结果。 In the late Yuan Dynasty and the early Ming Dynasty, the waters of the two lakes established the fishing rights of the fishermen due to the establishment of the rivers and lakes. With the gradual flourishing of the construction of the land-embankment after the middle of Ming Dynasty, people were encouraged to acquire the awareness of the waters and derive them from the waters The right to irrigate, lake grass benefits and other new forms of rights and interests. In the future, due to the development of commodity economy, the right of access to the lake, the right of ferry, the ownership of the lake due to the cultivation of cash crops such as lotus root, rhombus, reed and other economic crops have been generated and kept clear. The example of Hunan and Hunan shows that the acquisition of property right in the waters is the result of the operation of state taxation system. It is necessary to consider the national factors in the formation of property rights in the historical background of the system so as to more accurately grasp the property rights issue in China; The factors of change are not only driven by their own historical development but also from other areas such as the lower reaches of the Yangtze River. This is the result of the increasingly integrated Yangtze River Basin.