How to divide river ownership

We know that whether a country is strong or not depends not only on its economy and military, but also on its civilization, and whether the legal system is sound or not can often reflect a country's civilization to a great extent. Law is the crystallization of civilization, civilization is the soil of law, and laws and regulations are embodied in all aspects of life. How to divide the ownership of rivers in China? Let me explain it to you in detail.

First, how to divide the ownership of rivers.

River ownership, according to the "several provisions" to determine the land ownership and use rights:

Article 11 The land in the river dikes and the land outside the dikes, and the land without dikes below the historical maximum flood level or below the design flood level, belong to the state, except that the ownership has been distributed to farmers during the land reform, but it has not been requisitioned by the state and is still used collectively by farmers.

Twelfth at or above the county level (including the county level) directly managed by the water conservancy department of reservoirs, channels and other water conservancy projects belong to the state. Farmers' collective land that has not been requisitioned within the scope of water conservancy project management and protection still belongs to farmers' collective.

Eighteenth land ownership dispute, it can not be proved that the disputed land belongs to the peasant collective, it belongs to the state.

Article 22 Roads and water conservancy facilities built and managed by townships (towns) or villages on collectively owned land belong to townships (towns) or rural farmers collectively.

Second, is it illegal to encroach on rivers?

It is illegal to encroach on rivers.

People's Republic of China (PRC) water law

Article 41 Units and individuals have the obligation to protect water projects, and may not occupy or destroy engineering facilities such as dikes, bank revetments, flood control, hydrological monitoring and hydrogeological monitoring.

Article 72 Whoever commits one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; If it is not serious enough for criminal punishment and there is no provision in the flood control law, the water administrative department of the local people's government at or above the county level or the river basin management institution shall order it to stop the illegal act, take remedial measures and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; Violation of the law on public security administration punishment shall be punished by the public security organs according to law; If losses are caused to others, they shall be liable for compensation according to law:

(a) occupation, destruction of water projects and dikes, revetments and other related facilities, destruction of flood control, hydrological monitoring, hydrogeological monitoring facilities;

(two) engaged in blasting, drilling wells, quarrying, soil and other activities that affect the operation of water projects and endanger the safety of water projects within the scope of protection of water projects.

Article 73 Whoever embezzles, steals or robs water engineering equipment such as flood control materials, flood control and drainage, farmland water conservancy, hydrological monitoring and metering, or embezzles or misappropriates state funds and materials used for water conservancy construction such as disaster relief, emergency rescue, flood control and resettlement compensation, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

3. Who owns natural resources?

Natural resources such as forests, mountains, grasslands, wasteland and beaches are all owned by the state, but it should be noted that forests, mountains, grasslands, wasteland and beaches that are collectively owned by law are excluded, that is to say, natural resources such as forests, mountains, grasslands, wasteland and beaches can be owned by the state or the collective, but they are not exclusively owned by the state. On the contrary, mineral deposits and water flows.

Urban land belongs to the state, but here "urban land" actually refers to urban land, excluding suburban land, because "rural and suburban land belongs to the collective, except what is legally owned by the state", urban land belongs to the state, and rural and suburban land may belong to the state or the collective. According to the Constitution, homestead, private plots and private hills belong to the collective, which is the unique property of the collective.

To sum up, the property of the exclusive state includes: mineral deposits, water, sea areas and urban land. Exclusive collective property includes: homestead, private plots and private hills. Property that may belong to the state or collective includes: forests, grasslands, mountains, beaches, wasteland, rural and suburban land.

The above is the relevant legal knowledge about how to divide the ownership of rivers. The land within and outside the embankment, which is below the highest flood level in history or the designed flood level of the river without embankment, is owned by the state except that the ownership was allocated to the peasants during the land reform, but it was not expropriated by the state and was still used collectively by the peasants.