Water Dispute Settlement Mechanism Of The Qing Dynasty In Western Henan Province

In western Henan province is mostly mountainous and hilly. Meandering rivers and the crossbar, valleys, plains sporadic staggeredly distributed. This natural landscape features lead to runoff rapids, seasonal variations, the use of water resources development relative inconvenience, although total runoff of surface water resources are relatively abundant in western Henan province. Whereas the plain areas covers thickness loess, which leads to precipitation impenetrable recharge groundwater, groundwater use of resources is also relatively poor, and therefore the development of irrigated agriculture in western Henan province is restricted largely by objective natural conditions. However nder relatively inconvenient conditions, people of western Henan province in the history started early to explore effective experience of accumulation of water resources development and utilization, and build a large number of water conservancy facilities. The literature and facilities of water conservancy retained today is mostly in the Qing Dynasty.Water conservancy construction of the Qing Dynasty in western Henan province showed regional differences based on specific geographical environment. Mountains, hills and plains areas of water conservancy construction have significantly different characteristics. In the mountainous regions, water conservancy facilities is mostly built in the farming district of the vally and the terrain relatively flat and derivative, and smooth water potential drainage irrigation; water conservancy facilities is more dispersed distribution but the irrigated area is generally small. But because of the special nature of the transition zone in western Henan province, the different micro-environment results in some differences on the water conservancy construction in the mountainous area of west counties. Forming in regional water conservancy facilities landforms its maintenance is quite difficult to carry out large-scale water conservancy construction while in a relatively stable geological and geomorphological mountain is feasible. In hilly and plain areas, the construction of water conservancy facilities appeared as a larger scale, and the drains are often shared by multiple villages or across the prefectures. The facilities maintenance is complex and costs is higher; on the other hands, well irrigation in the hilly plains region is also more common. The fundamental reason of water dispute lies in the existence of the relationship between people and land conflicts of the Qing Dynasty in western Henan province water disputes, which brought the gradual increase of the population growing contradiction between people and land. The main incentives of increase in the disputes of the late Qing Dynasty in western Henan Water Conservancy and desolate disaster the frequent phenomenon is relative surplus population. From the perspective of the Qing Dynasty in western Henan province water disputes, water disputes phenomenon can be divided into different types. In terms of examining water cases preserved till today, water disputes can be divided into two types:water scarcity as well as too much water and changes; in term of solution, it can be divided into adjustment of water disputes by spontaneous and by the intermediary two types; in terms of different subject classification, it can be divided into a dispute between a man and water resources, water disputes between the two types of different social subjects.Different sections of the population in western Henan Province in the Qing Dynasty in the process of the construction and maintenance of the water conservancy facilities, formed a certain scale, with the significance of the social history, the "water community". All levels of society, the official, the local gentry, generalthe farmers are involved to varying degrees in the Qing Dynasty in western Henan province. During water decision-making and management process, the interaction of the three main local government, rural elite, as well as civil water conservancy autonomous organizations laid the basis for the normal operation of water conservancy facilities, and the three main social status and functional differences made the tripartite water resources use and management, and its interest demands and the starting point were not entirely the same, also caused a water resource management functions vacancies occur during a certain period of time or confusion, the management functions of local government, the local gentry, water conservancy autonomous organizations dominance Game and relationship adjustment.Water dispute settlement mechanism of the Qing Dynasty in western Henan province and local water regulations, also has great significance for ancient Chinese Legal History Study. From the point of view of law culture, western Henan Province in the Qing Dynasty folk water regulations have strong customary law color, its core content of the water rights system, diversified and awareness of their rights, the basis of the concept of rulemaking basic functions for the maintenance of the grass-roots rural order; from the civil trial mechanism to examine the cases under the jurisdiction of the water rights disputes counties Yamen led law applies to customary law led to the execution of the judgment to the implementation of the non-entity.Local government and the general public of Qing Dynasty in western Henan province formed a series of relatively effective and appropriate mechanism to resolve water rights and disputes. It is worth to learn from today, but due to the limitations of the historical era, there are also a lot lessons and inadequacies worthy of learing for people of today. Its main lessons exist in the absence of an arbitration mechanism and water rights substantive laws, administrative, the unclearness of administrative processing. Watershed management complaints mechanism is not sound. Its revelation to us as civil water right habits in the new era still has its role of space and can not be easily abandoned; solution of water rights disputes is necessary to consider the historical facts, but also consider the actual situation. We should strengthen the role of civil water conservancy organization and put an end to corruption in the management of water rights.