宋代农田水利管理法律制度研究
发布时间：2019-07-04 11:32
【摘要】：中国自古就是一个农业大国,农业生产构成了古代社会的经济基础,而农田水利则在农业生产中发挥着重要作用。关于农田水利,《辞海》将其解释为:“为发展和提高农业生产的水利事业。”1农田水利既包括农田水利设施的建设,又涉及工程管理、农田管理等等,是一个涵盖农田防洪、灌溉、除涝、水土保持等多方面内容的水利事业。宋朝是一个非常重视农业发展的朝代,统治者采取一系列的措施促进农业生产的发展。其中最主要的举措之一就是制定一系列的农田水利法规,加强对农田水利事务的管理。本文就是围绕着宋代农田水利管理法律制度展开。从立法层面来看,宋朝的农田水利管理法规不仅包括全国性的法规,例如适用于全国的《农田利害条约》、《河渠令》,而且还存在一些地方性法规,例如《千仓渠水利科条》、《通济堰规》等。农田水利管理的法条不仅存在于综合性的法律之中,而且宋朝还制定了专门的水利法规。这些法规以政府主导、预防水旱灾害为原则,在宋代农田水利事务管理中发挥着重要的作用,构成了宋朝农田水利管理法律制度体系。从管理角度来讲,宋朝从中央到地方设置了一系列的机构和官吏进行农田水利事务的管理。由于农田水利事务与农户的利益息息相关,所以一些群众自治组织也参与到其中。宋代农田水利管理法规所涉及的管理内容非常广泛,大到水利工程的建设与维护,包括工程的规划、审批,人力、物力的筹集,农田水利工程检修时间等等;小到灌溉用水的确定,包括用水顺序、灌溉时间等等。以全方位的角度向我们展现了宋朝农田水利管理法律制度的完备与详实。宋朝有关农田水利管理的法律形式多样,立法角度也不相同。有的以犯罪为视角,如《宋刑统》中的“盗决堤防”罪。但法律更多的是侧重于管理,对水利工程的管理、对灌溉用水的管理、对相关人员的管理等等。宋朝农田水利管理机构的一大特点就是机构冗杂、繁多。有些机构的职能往往重合,监察机构也参与到农田水利事务管理中来。这一方面是官吏之间相互牵制的需要,另一方面也反映出宋朝对农田水利事务的重视。宋朝的农田水利管理法规,从内容上来说是比较详细的。但要认识一部法律,还需从其实施状况来考虑。宋朝在各种农田水利管理法规的约束下,取了一些成就。最大的成就当属《农田利害条约》颁布以后掀起的兴修水利、整治河道的热潮,这对于农田灌溉来说无疑是有益的。但有些法条的实施状况并不如人意,如关于灌溉用水顺序的规定。宋朝有关灌溉用水的矛盾非常突出,矛盾常常发生在上下游之间、地方豪强与平民之间,而法律关于上下游之间用水顺序的规定并没有使得这一情况得到好转。水利管理法规执行的好与坏往往与统治者的政策有关,通过对宋代农田水利管理法规执行状况进行研究,让我们认识到在中国古代社会中,统治者的政策对法律执行情况的影响是巨大的。
[Abstract]:Since ancient China is an agricultural power, the agricultural production is the economic foundation of the ancient society, and the farmland water conservancy plays an important role in the agricultural production. With regard to farmland water conservancy, the explanation is as follows: The "To develop and improve the water conservancy cause of agricultural production." 1 farmland water conservancy includes both the construction of the farmland water conservancy facilities, the engineering management, the farmland management and so on, and is a water conservancy undertaking covering various aspects of farmland flood control, irrigation, water logging, water and soil conservation and the like. The Song Dynasty was a dynasty that attached great importance to the development of agriculture, and the rulers adopted a series of measures to promote the development of agricultural production. One of the most important initiatives is to develop a series of farmland water conservation laws and regulations, and to strengthen the management of farmland water conservancy affairs. This paper is about the legal system of the water conservancy management in the Song Dynasty. In the light of the legislative level, the laws and regulations for farmland water conservancy in the Song Dynasty include not only national laws and regulations, such as the farmland interest treaties and the channel order in the whole country, but also some local regulations, such as the water conservancy section of Qianbin, the Regulation of Tongji Weir, and so on. The law of the management of farmland water conservancy not only exists in the comprehensive law, but also has made special water conservancy laws and regulations in the Song Dynasty. These regulations play an important role in the management of the water conservancy affairs in the Song Dynasty, which form the legal system of the water conservancy in the Song Dynasty. From the management point of view, the Song Dynasty set a series of institutions and officials to manage the farmland water conservancy affairs from the center to the place. Since the water conservancy affairs of the farmland are closely related to the interests of the farmers, some people's self-government organizations are also involved. The management content of the farmland water conservancy management regulation in the Song Dynasty is very extensive, large to the construction and maintenance of the water conservancy project, including the planning, examination and approval of the project, the mobilization of manpower and material resources, the maintenance time of the farmland water conservancy project, etc., as small as the determination of the water for irrigation, including the water sequence, Irrigation time, and the like. In an all-round way, we present a complete and detailed description of the legal system of the water conservancy management in the Song Dynasty. The legal form of the Song Dynasty related to the management of farmland water conservancy is various, and the legislative angle is not the same. Some crime is the angle of view, such as the "anti-theft levee" crime in the "Song of the Song". But the law is more focused on management, management of water conservancy projects, management of irrigation water, management of related personnel, and so on. The great feature of the water conservancy administrative agency in the Song Dynasty is that the institutions are redundant and diverse. The functions of some institutions often coincide, and the monitoring bodies are also involved in the management of farmland water conservancy affairs. On the one hand, it is the need to hold the officials from each other, and on the other hand, it also reflects the importance of the Song Dynasty to the farmland water conservancy. The farmland water conservancy management regulations in the Song Dynasty are more detailed in terms of content. However, it is also necessary to consider a law and to consider it from its implementation. The Song Dynasty, under the constraints of various farmland water conservancy management regulations, made some achievements. The biggest achievement is the development of the water conservancy and the regulation of the river channel, which is set off after the promulgation of the "farmland interest treaty", which is undoubtedly beneficial to the field irrigation. However, the implementation of some of the provisions of the law is not satisfactory, as specified in the order of water for irrigation. The contradiction between the Song Dynasty and the related irrigation water was very prominent, and the contradiction often occurred between the upstream and the downstream, between the local and the high and the civilian population, and the law on the water order between the upstream and the downstream did not make the situation improved. The good and bad of the water conservancy management regulation is often related to the policy of the ruler, and through the study on the implementation of the water conservancy administrative regulations in the Song Dynasty, let us realize that the influence of the ruler's policy on the implementation of the law is great in the ancient Chinese society.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929
本文编号：2509884
[Abstract]:Since ancient China is an agricultural power, the agricultural production is the economic foundation of the ancient society, and the farmland water conservancy plays an important role in the agricultural production. With regard to farmland water conservancy, the explanation is as follows: The "To develop and improve the water conservancy cause of agricultural production." 1 farmland water conservancy includes both the construction of the farmland water conservancy facilities, the engineering management, the farmland management and so on, and is a water conservancy undertaking covering various aspects of farmland flood control, irrigation, water logging, water and soil conservation and the like. The Song Dynasty was a dynasty that attached great importance to the development of agriculture, and the rulers adopted a series of measures to promote the development of agricultural production. One of the most important initiatives is to develop a series of farmland water conservation laws and regulations, and to strengthen the management of farmland water conservancy affairs. This paper is about the legal system of the water conservancy management in the Song Dynasty. In the light of the legislative level, the laws and regulations for farmland water conservancy in the Song Dynasty include not only national laws and regulations, such as the farmland interest treaties and the channel order in the whole country, but also some local regulations, such as the water conservancy section of Qianbin, the Regulation of Tongji Weir, and so on. The law of the management of farmland water conservancy not only exists in the comprehensive law, but also has made special water conservancy laws and regulations in the Song Dynasty. These regulations play an important role in the management of the water conservancy affairs in the Song Dynasty, which form the legal system of the water conservancy in the Song Dynasty. From the management point of view, the Song Dynasty set a series of institutions and officials to manage the farmland water conservancy affairs from the center to the place. Since the water conservancy affairs of the farmland are closely related to the interests of the farmers, some people's self-government organizations are also involved. The management content of the farmland water conservancy management regulation in the Song Dynasty is very extensive, large to the construction and maintenance of the water conservancy project, including the planning, examination and approval of the project, the mobilization of manpower and material resources, the maintenance time of the farmland water conservancy project, etc., as small as the determination of the water for irrigation, including the water sequence, Irrigation time, and the like. In an all-round way, we present a complete and detailed description of the legal system of the water conservancy management in the Song Dynasty. The legal form of the Song Dynasty related to the management of farmland water conservancy is various, and the legislative angle is not the same. Some crime is the angle of view, such as the "anti-theft levee" crime in the "Song of the Song". But the law is more focused on management, management of water conservancy projects, management of irrigation water, management of related personnel, and so on. The great feature of the water conservancy administrative agency in the Song Dynasty is that the institutions are redundant and diverse. The functions of some institutions often coincide, and the monitoring bodies are also involved in the management of farmland water conservancy affairs. On the one hand, it is the need to hold the officials from each other, and on the other hand, it also reflects the importance of the Song Dynasty to the farmland water conservancy. The farmland water conservancy management regulations in the Song Dynasty are more detailed in terms of content. However, it is also necessary to consider a law and to consider it from its implementation. The Song Dynasty, under the constraints of various farmland water conservancy management regulations, made some achievements. The biggest achievement is the development of the water conservancy and the regulation of the river channel, which is set off after the promulgation of the "farmland interest treaty", which is undoubtedly beneficial to the field irrigation. However, the implementation of some of the provisions of the law is not satisfactory, as specified in the order of water for irrigation. The contradiction between the Song Dynasty and the related irrigation water was very prominent, and the contradiction often occurred between the upstream and the downstream, between the local and the high and the civilian population, and the law on the water order between the upstream and the downstream did not make the situation improved. The good and bad of the water conservancy management regulation is often related to the policy of the ruler, and through the study on the implementation of the water conservancy administrative regulations in the Song Dynasty, let us realize that the influence of the ruler's policy on the implementation of the law is great in the ancient Chinese society.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929
【相似文献】
相关硕士学位论文 前3条
1 齐芳芳;宋代农田水利管理法律制度研究[D];南京师范大学;2017年
2 贾晋瑞;“大跃进”时期山西省农田水利建设研究[D];上海师范大学;2017年
3 程杨;以产业为导向的丘陵区农田水利工程规划设计研究[D];西南大学;2017年
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