| At the beginning of the Republic of China,frequent natural disasters,wars and other factors seriously damaged the development of farmland water conservancy,and the traditional legal system of irrigation and water conservancy gradually divorced from social reality.Entering the period of the National Government(1927-1949),with the continuous introduction of western natural science and legal concepts,the National Government made unremitting attempts to rebuild the legal system of farmland water conservancy from the perspective of consolidating its own interests.After the early 1930 s,it established a set of new farmland water conservancy legal system which is relatively complete in form and has the characteristics of the current situation.The legal forms adopted by this new farmland water conservancy legal system mainly include constitution,laws,administrative regulations,administrative rules,local regulations,customs,etc,ranging from River Law,Water Conservancy Law and other basic laws involving farmland water conservancy to numerous special rules and regulations in watershed management,flood control and irrigation,water conservancy development,hydropower and shipping,etc.The new legal system of farmland water conservancy has brought great economic and social benefits to the local area,and it has certain advancement.In addition,the principle of “autonomy” is embodied in the new farmland water conservancy legal system.Legislators have introduced a large number of western modern legal systems,while retaining many contents of Chinese traditional laws.This legislative path wandering between“tradition” and “transplantation” is a remarkable feature of farmland water conservancy legal system in the period of National Government.At the same time,the independent legal character formed under the “impact-response” mode also makes the new farmland water conservancy legal system show the modern development characteristics.However,its legal system itself also has obvious defects,such as the complicated legislative departments and the “multiple laws”;Lack of basic law on farmland water conservancy;Problems such as the disconnection between law making and law implementation ignore the relationship between system and reality to a certain extent;This kind of problem also indirectly doomed the fate that the farmland water conservancy legal system was difficult to maintain for a long time in the period of the National Government. |
