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The Institutional Attribute Of Water Litigation Inscriptions

Posted on:2019-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:N CaoFull Text:PDF
GTID:2346330548452773Subject:Legal history
Abstract/Summary:PDF Full Text Request
The water litigation inscriptions,as records of the course of water conservancy disputes and official judgments,are erected at the place where the disputes occur.They not only show the former water controversy,but also serve as an important carrier of the local water conservancy system,which play an important role in the construction of a water conservancy social order.This highlights the institutional attributes of the water litigation inscriptions as a legal inscription.This article takes the construction of the ancient Shanxi water conservancy order as an entry point,show the institutional attributes of the water litigation inscriptions through analyzes of the local water conservancy system embodied in the water litigation inscriptions and the construction process of the local water conservancy order in the interaction between the official and the folk.In the first part of the article,the author makes a general analysis of the present situation of ancient water litigation inscriptions,focusing on the classification principles that need to be solved in the process of sorting out water litigation inscriptions.This article further illustrates the classification and definition of the water litigation inscriptions,the official inscriptions,and the prohibition inscriptions.At the same time,the paper mainly focuses on the water litigation inscriptions in Shanxi Province,and summarizes the distribution characteristics of the Shanxi water litigation inscriptions from two perspectives of time and space,and also pays attention to the time and the founder of water litigation inscriptions,which is to lay the foundation for further discussion below.In the dynamic operation of the Shanxi Water Conservancy Society,the water conservancy system is the foundation of local water conservancy management.As a code of conduct for water rights holders in the basin,the water conservancy system plays an important role in maintaining water order in the basin.The second part of the article mainly discusses the water litigation inscriptions as an important carrier of the local water conservancy system shows institutional attributes.Water conservancy litigation is one of the important ways for the local water conservancy statute to be approved by the government.As a result,the water litigation inscriptions has become a credible proof of the effectiveness of the local water conservancy system,and it has become an important carrier of the local water conservancy system.On the basis of the local water conservancy system,the third part of the article points out that when the local water conservancy system cannot restore the existing water order,it must resort to the government's public relief,and the local water conservancy order is gradually formed in the judicial practice centered on the official government.The fourth part takes the Huoquan watershed in Hongtong County in Shanxi Province as an example to specifically discuss how a water litigation inscriptions is involved in the generation of a water conservancy system and the construction of a local water conservancy order in a certain basin.After the water litigation inscriptions is engraved,it is separated from its founder and becomes a self-contained system.It not only becomes an public carrier for the local water conservancy system,but also is an important right certificate for water users,and it is also important medium for local officials to demonstrate the water conservancy system and declare the ban.The water litigation inscriptions,together with the local water conservancy system,forms an important part of the local water conservancy management and jointly maintains the water order within the basin.The article advances step by step,constantly focuses on the important role of water litigation inscriptions in the construction of local water order,combining general theoretical analysis with case study,fully demonstrates the prominent institutional attributes of water litigation inscriptions in the construction of local water order.
Keywords/Search Tags:Water litigation inscriptions, Institutional attributes, Water conservancy system, Water conservancy order
PDF Full Text Request
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