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水资源国家所有权在公私属性上的不确定性,导致现实中出现了国家对水资源支配的所有者身份和对其开发利用上管理者职能的混同,选择单纯的公权或私权调整模式都不足以解决越来越复杂的水资源所有权问题。因此为确保水资源的经济、社会和生态环境效益的共同实现,有必要对水资源国家所有权的法律性质予以明确。本文从公权与私权的协同性视角出发,探讨了公权与私权并非截然对立,水资源的多重属性决定了国家所有权在主体、客体、权利利益,以及法律依据上需要公权和私权的相互协同、交叉和互补。
The uncertainty of public ownership and private ownership of water resources state ownership led to the reality that there was a mixture of state ownership of water resources and management functions of development and utilization, Not enough to solve the increasingly complex issue of water ownership. Therefore, in order to ensure the common realization of the economic, social and ecological benefits of water resources, it is necessary to make clear the legal nature of the state ownership of water resources. From the perspective of the synergy between public rights and private rights, this article explores the relationship between public rights and private rights is not diametrically opposed. The multiple attributes of water resources determine the need for public ownership and private ownership of the state ownership, object, rights and interests, and legal basis The mutual cooperation, cross and complement each other.