On The Resolving Mechanism Of Water Right Dispute In Modern China

This dissertation mainly discusses on the resolving mechanism of water right dispute in modern China (ab.RMMCWRD), which reveals the functioning of the state law and judicature. There are eight parts in this dissertation.The first part is introduction, to definitude some essence concept of water right, including the intension and extension of water right dispute. It also explains the time range, main material and the research methods .Chapterâ… explains resolving mechanism and its practice of ancient china, which is comprised of official and unofficial resolving mechanism. The former includes civilian lawsuits and lawsuits pertaining to penal litigation. The latter mainly refers to intercession. Moreover, it introduces some concepts and principles of water right.The third part discusses the formation of RMMCWRD, which contains substantial and procedural law. At the first stage, the substantial law takes the form of customs and local statute of water right, on the basis of which the state enacts a series of law about water right. The procedural law of water right includes code of administrative appeal, code of civil law, administrative litigant law and intercessory law etc. It also introduces the definition, content and characteristics of water right of modern china.In chapterâ…¢law of sociology approach is applied to discuss the unofficial resolving mechanism of water right dispute, for example, intercession, religion-solution, divinities-judge, fighting and community-building. Here intercession takes a very important role. As a native experience and national solution of water right dispute, there are many priorities in unofficial RMMCWRD. After studying the formation of RMMCWRD, the author uses historic anthropology approach to study certification, inscription and legend of water right.The fifth part discusses the official RMMCWRD and its functioning. The main...