A Study On The Settlement Mechanism Of Water Rights Disputers In Qing Dynasty

Since ancient times,"water" is of great significance to people's production and life.In ancient China,the agricultural economy determines the absolute demand for water resources.In addition,"water" has an important influence on China's politics,culture,religion and ideology.During the qing dynasty,the increase of productivity and the development of capitalist economy led to frequent cross-regional water rights transactions,resulting in more disputes over water rights.The water rights dispute resolution mechanism in the qing dynasty is the same as the civil dispute resolution in the qing dynasty.In particular,civil mediation was the main way to solve water rights disputes in the qing dynasty.In this process,the water rights dispute resolution mechanism in the qing dynasty formed its unique processing principles and basis.Through the investigation of the settlement process of water rights disputes,we can see the complex interaction between state authority,folk customs and personal interests,as well as the farmers' choice of dispute settlement strategies in real scenes and backgrounds.The paper is divided into three parts:The first part is about the introduction of water rights and water management in qing dynasty.In this part,the definition and nature of water rights in the qing dynasty are mainly defined by relevant laws and local Chronicles of the qing dynasty.Then from the determination of water licensing system and the establishment of civil water management organizations to introduce the water management model,The second part introduces the content of water rights dispute resolution mechanism in qing dynasty.In the qing dynasty,there were two ways to solve water rights disputes,namely,the official solution mechanism and the folk solution mechanism.The so-called official settlement mechanism of water rights disputes is to appeal the water rights disputes to the government yamen,generally referring to the judgment made by the yamen at all levels,especially the state and county yamen on the basis of ordinary civil disputes.The so-called civil settlement mechanism is mainly divided into private consultation and civil mediation,among which civil mediation is the main content of the water rights dispute settlement mechanism.The third part is the evaluation and analysis of the water right dispute settlement mechanism in qing dynasty.This paper summarizes the characteristics of the water rights dispute resolution mechanism in the qing dynasty and its enlightenment to the contemporary era.In the course of its development,the water rights disputes in the qing dynasty formed the unique historical characteristics of the water rights disputes mainly in agricultural irrigation,the treatment principle of combining the state law with the folk law,and the civil mediation supplemented by the trial by the government.At the same time,constructing a watershed community,giving full play to the role of civil mediation in solving water rights disputes at the grass-roots level,strengthening the effective use of civil water rights habits,strengthening the quality training of water conservancy management personnel,and putting an end to the corruption of water rights management are all inspirations from the water rights dispute resolution mechanism in the qing dynasty to the contemporary water rights dispute resolution mechanism.