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On The Resolving Mechanism Of Water Right Dispute Of The Hexi Corridor In The Qing Dynasty

Posted on:2020-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:L T XuFull Text:PDF
GTID:2416330572966707Subject:Legal theory
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Water plays an important role in human life.It is the source of life and an indispensable material resource for human survival and development.Hexi Corridor is located in the arid inland area of Northwest Gansu Province,which has always been short of water resources.With the development of social economy and the continuous growth of population,the water consumption of human society has increased dramatically,and the situation of water shortage has become more and more serious.How to deal with water right dispute has triggered a new battle in the process of practice and theoretical research.Hexi Corridor,the conflict of water right dispute was obvious,which often had the characteristics of recurrence,difficulty to solve and long period to solve.Therefore,strengthening the research on resolving mechanism of water right dispute of the Hexi Corridor,protecting the people’s right to use and benefit from water resources,maintaining the stability of local society and promoting the sustainable development of economy and society.After the water right dispute of the Hexi Corridor occurred,people solved the disputes by means of folk customs and other media,such as consultation,mediation and so on.These methods of dispute resolution have not gradually faded out of the historical stage with the development and progress of society.On the contrary,they coincide with today’s advocation of building a Pluralistic Dispute resolve mechanism.The controversy over the concept of "water right" has not stopped in the theoretical circles,which makes the definition of "water right" dispute unclear.Therefore,clarifying the meaning of "water right only means the right to use or benefit from water resources" plays an important role in sorting out the relevant concepts of "water right disputes" and "dispute resolve mechanism",as well as in understanding the resolve mechanism of water right dispute of the Hexi Corridor in the Qing Dynasty.After clarifying the relevant theories of water right dispute,this paper discusses in detail resolve mechanism of water right dispute of the Hexi Corridor r in the Qing Dynasty from three aspects.Firstly,on the resolving mechanism of water right dispute of the Hexi Corridor in the Qing Dynasty is mainly discussed,including the generation of water right dispute,the settlement and resolve mechanism of water right dispute.In real life,with the complexity of the surrounding environment,the disputes are often manifested by many factors.The shortage of water resources and the rapid growth of population lead to obvious disputes of water use among the people,and the spear of supply and demand.Shield conflicts continue;the legal basis for dispute resolution and the objective factors of relevant adjudicators lead to the resolution of disputes is never thorough,which leads to a new round of water right dispute.In view of the occurrence of water right dispute,a pluralistic water rights dispute resolve mechanism has gradually been formed in society,which coexists with the folk solution and official participation.Secondly,the main contents of the diversified resolve mechanism of water right dispute of the Hexi Corridor in the Qing Dynasty is mainly discussed.The diversity of the main body of dispute resolution,the rich basis of dispute resolution and the effective support of the principle of dispute resolution make the settlement of water right dispute in the Qing Dynasty no longer rely solely on mediation or litigation.Diversified water rights dispute resolve mechanism has become a strong support for the settlement of water right dispute of the Hexi.Different dispute resolution subjects,according to different dispute resolution basis and according to the fixed dispute resolution procedure,get more results in line with the interests and needs of both sides of the dispute.It not only resolves the conflict of interests between the two sides of the dispute,but also ensures the protection of the two sides.The stable development of local society.Lastly,it mainly discusses the experience,defects and Enlightenment on the resolving mechanism of water right dispute of the Hexi Corridor in the Qing Dynasty.The main experience of water rights dispute settlement mechanism of the Hexi Corridor in the Qing Dynasty is that a pluralistic water rights dispute settlement mechanism coexisted with civil and official solutions.The imperfect substantive law of water rights,imperfect official administrative procedures,and the lack of water resources sharing concept and regional community in the social environment are the defects.Therefore,we need to constantly learn from the inherent dispute resolution model,improve the content on the resolving mechanism of water right dispute of the Hexi Corridor in the Qing Dynasty,supplement the corresponding substantive law of water rights,ensure that the implementation of water rights dispute resolution problems can be implemented,and ensure the effectiveness of the dispute resolve mechanism,in order to improve dispute resolution.
Keywords/Search Tags:water right dispute, mediation, litigation, dispute resolve mechanism
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