Water Rights Disputes In The Qing Dynasty And The Solution

The paper is divided into four parts, the first part of the Qing Dynasty water rights system, and isdivided into three parts, the first demonstration of the concept of water rights and water rights concept intoday’s academic standing controversy. And adopted the theory of "rights" for the definition of water rights,water rights are derived from the ownership of water resources, the use of water resources, the right toincome. Second, analysis of the subject and the object of the right to water, the right to water main is theenjoyment of the right to water, the object of the right to water is the use of a certain river basin waterresources. Obtain the right to water main qualification based riparian land ownership and and preempt itsbasic principles. Discussed the Qing Dynasty’s water rights system, and describes the three characteristicsof the water rights of the Qing Dynasty, are non-system of water rights, inheritance, tradability. This is alsothe author focuses on the part of the tradability of water rights is a prominent feature of the Qing Dynastywater rights system before water rights system distinguish. The degree of population expansion of the QingDynasty, the degree of annexation of land, soil erosion degree of geometric dynasty before more serious,which also tradable water rights provide some objective basis. The second part discusses the QingDynasty’s water rights disputes, water rights disputes divided into geographical differences: differentadministrative areas of water rights disputes between the same administrative area. And the latter is dividedinto three categories: between villages water rights disputes, water rights disputes between the water rightsdisputes between the clans, Agriculture and Commerce. In the process of analysis of these water rightsdisputes, the author collected the appropriate documentation to the case as a template, the cause of theirdifferent types of water rights disputes, settlement, and concluding remarks. The third part of the way toresolve water rights disputes analysis, official trial with civil mediation to resolve disputes of the waterrights of the Qing Dynasty in two ways, in the face of the water rights disputes, the official trial is dividedinto purely civil trial and attached to the criminal the trial of the case. The Qing Dynasty judiciary tion lightpeople always uphold the idea of law, water rights disputes, should be a civil context. But after the waterrights disputes, often forming a criminal case, which makes the distinction between the first two with thenecessity. The fourth part of the water rights disputes the face of "public" and "private two main paths to choose cost analysis, cost includes the cost of material and interpersonal costs in the cost analysis, waterrights disputes. Two cost analysis, I was in the Qing Dynasty, the parties face water rights disputes, civilmediation, the two sides first and foremost, the main way to resolve this conclusion.