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Research On The Legal System Of Farmland Water Conservancy Management In The Song Dynasty

Posted on:2018-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:F F QiFull Text:PDF
GTID:2356330518992179Subject:Legal history
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China was an agriculture founded nation since the ancient times, and agriculture was the foundation of social economy, and the irrigation and water conservancy (IWC)takes a significant role on improving agricultural production. The irrigation and water conservancy is interpreted as a water conservancy cause to develop and improve the agriculture productive forces in CiHai. The irrigation and water conservancy includes the construction of farmland water conservancy works and engineering management and so on. And it is a water conservancy cause that involved in flood control and irrigation, soil and water conservation. The Song dynasty paid more attention to agricultural production and took a series of measures to develop it. One of the most important steps is to establish a series of regulations about irrigation and water conservancy to strengthen the management of it. This thesis focuses on the legal system of irrigation and water conservancy of the Song dynasty.The laws and regulations of irrigation and water conservancy management of the Song dynasty not only include the national laws and regulations, but also some local rules and regulations from the point of legislation. Not only the clauses about irrigation and water conservancy management existed in the national basic laws, but also the rulers of the Song dynasty formulated special "irrigation and water conservancy Law".These regulations take the government-leading and prevent floods as principle and play an important role in dealing with irrigation and water conservancy business. They constitute the legal system of irrigation and water conservancy management for the Song dynasty.From the management perspective,the Song dynasty set up a series of central and local institutions and officials to manage irrigation and water conservancy causes.Due to the farmland water conservancy affairs is closely related to the interests of farmers, some autonomous organizations is part of this event. The irrigation and water conservancy management regulations of the Song dynasty has a very wide range of contents from construction and maintenance of water conservancy projects, including planning,approval,mobilization of resources,the repair time of irrigation and water conservancy to the determination of irrigation water, including water order and irrigation time. These management regulations showed a comprehensive legal system of the Song dynasty from all-round aspects.The Song dynasty has many management rules for irrigation and water conservancy, but they vary in the forms of legislation and the point of legislation differs as well. Some laws prescribe the crime, such as "the guilty of digging the embankment secretly" that is stipulated in the The criminal law of Song dynasty. However,the law's emphasis is more on management for water conservancy project, irrigation waters and so on. A big feature of farmland water conservancy management agency in Song dynasty is its complexity. Some institutions have duplicated functions, surveillance unit also join in the management for farmland and irrigation works. On one hand, officials can contain each other. On the other hand, On the other hand it also reflected the emphasis for Song dynasty on irrigation and water conservancy affairs.The management rules for irrigation and water conservancy in Song dynasty are complete from the content, but we also need to consider its implementation. Under the law, song dynasty make some achievements on farmland and irrigation works. The most remarkable achievement is a boom of building water conservancy and regulating river channel after the promulgation of the irrigation and water conservancy Law, which is beneficial for irrigation. However, the result will always be disappointing, for example the order of water use. The conflict between upstream and downstream, noble and common is a very acute problem,which is not getting any better because of the promulgation of the relevant laws. The implementation effect of a law is good or bad,which often associated with the policy of the ruler. Through the study on the implementation effect of the management rules on irrigation and water conservancy in Song dynasty, we can realize that the policy of rulers has great influence on the implementation status of the law in the ancient Chinese society.
Keywords/Search Tags:The Song dynasty, The management of irrigation and water conservancy, The legal system
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