宋代農(nóng)田水利管理法律制度研究
發(fā)布時(shí)間：2019-07-04 11:32
【摘要】：中國(guó)自古就是一個(gè)農(nóng)業(yè)大國(guó),農(nóng)業(yè)生產(chǎn)構(gòu)成了古代社會(huì)的經(jīng)濟(jì)基礎(chǔ),而農(nóng)田水利則在農(nóng)業(yè)生產(chǎn)中發(fā)揮著重要作用。關(guān)于農(nóng)田水利,《辭�！穼⑵浣忉尀�:“為發(fā)展和提高農(nóng)業(yè)生產(chǎn)的水利事業(yè)。”1農(nóng)田水利既包括農(nóng)田水利設(shè)施的建設(shè),又涉及工程管理、農(nóng)田管理等等,是一個(gè)涵蓋農(nóng)田防洪、灌溉、除澇、水土保持等多方面內(nèi)容的水利事業(yè)。宋朝是一個(gè)非常重視農(nóng)業(yè)發(fā)展的朝代,統(tǒng)治者采取一系列的措施促進(jìn)農(nóng)業(yè)生產(chǎn)的發(fā)展。其中最主要的舉措之一就是制定一系列的農(nóng)田水利法規(guī),加強(qiáng)對(duì)農(nóng)田水利事務(wù)的管理。本文就是圍繞著宋代農(nóng)田水利管理法律制度展開(kāi)。從立法層面來(lái)看,宋朝的農(nóng)田水利管理法規(guī)不僅包括全國(guó)性的法規(guī),例如適用于全國(guó)的《農(nóng)田利害條約》、《河渠令》,而且還存在一些地方性法規(guī),例如《千倉(cāng)渠水利科條》、《通濟(jì)堰規(guī)》等。農(nóng)田水利管理的法條不僅存在于綜合性的法律之中,而且宋朝還制定了專(zhuān)門(mén)的水利法規(guī)。這些法規(guī)以政府主導(dǎo)、預(yù)防水旱災(zāi)害為原則,在宋代農(nóng)田水利事務(wù)管理中發(fā)揮著重要的作用,構(gòu)成了宋朝農(nóng)田水利管理法律制度體系。從管理角度來(lái)講,宋朝從中央到地方設(shè)置了一系列的機(jī)構(gòu)和官吏進(jìn)行農(nóng)田水利事務(wù)的管理。由于農(nóng)田水利事務(wù)與農(nóng)戶的利益息息相關(guān),所以一些群眾自治組織也參與到其中。宋代農(nóng)田水利管理法規(guī)所涉及的管理內(nèi)容非常廣泛,大到水利工程的建設(shè)與維護(hù),包括工程的規(guī)劃、審批,人力、物力的籌集,農(nóng)田水利工程檢修時(shí)間等等;小到灌溉用水的確定,包括用水順序、灌溉時(shí)間等等。以全方位的角度向我們展現(xiàn)了宋朝農(nóng)田水利管理法律制度的完備與詳實(shí)。宋朝有關(guān)農(nóng)田水利管理的法律形式多樣,立法角度也不相同。有的以犯罪為視角,如《宋刑統(tǒng)》中的“盜決堤防”罪。但法律更多的是側(cè)重于管理,對(duì)水利工程的管理、對(duì)灌溉用水的管理、對(duì)相關(guān)人員的管理等等。宋朝農(nóng)田水利管理機(jī)構(gòu)的一大特點(diǎn)就是機(jī)構(gòu)冗雜、繁多。有些機(jī)構(gòu)的職能往往重合,監(jiān)察機(jī)構(gòu)也參與到農(nóng)田水利事務(wù)管理中來(lái)。這一方面是官吏之間相互牽制的需要,另一方面也反映出宋朝對(duì)農(nóng)田水利事務(wù)的重視。宋朝的農(nóng)田水利管理法規(guī),從內(nèi)容上來(lái)說(shuō)是比較詳細(xì)的。但要認(rèn)識(shí)一部法律,還需從其實(shí)施狀況來(lái)考慮。宋朝在各種農(nóng)田水利管理法規(guī)的約束下,取了一些成就。最大的成就當(dāng)屬《農(nóng)田利害條約》頒布以后掀起的興修水利、整治河道的熱潮,這對(duì)于農(nóng)田灌溉來(lái)說(shuō)無(wú)疑是有益的。但有些法條的實(shí)施狀況并不如人意,如關(guān)于灌溉用水順序的規(guī)定。宋朝有關(guān)灌溉用水的矛盾非常突出,矛盾常常發(fā)生在上下游之間、地方豪強(qiáng)與平民之間,而法律關(guān)于上下游之間用水順序的規(guī)定并沒(méi)有使得這一情況得到好轉(zhuǎn)。水利管理法規(guī)執(zhí)行的好與壞往往與統(tǒng)治者的政策有關(guān),通過(guò)對(duì)宋代農(nóng)田水利管理法規(guī)執(zhí)行狀況進(jìn)行研究,讓我們認(rèn)識(shí)到在中國(guó)古代社會(huì)中,統(tǒng)治者的政策對(duì)法律執(zhí)行情況的影響是巨大的。
[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.
【學(xué)位授予單位】：南京師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類(lèi)號(hào)】：D929
本文編號(hào)：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.
【學(xué)位授予單位】：南京師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類(lèi)號(hào)】：D929
【相似文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前3條
1 齊芳芳;宋代農(nóng)田水利管理法律制度研究[D];南京師范大學(xué);2017年
2 賈晉瑞;“大躍進(jìn)”時(shí)期山西省農(nóng)田水利建設(shè)研究[D];上海師范大學(xué);2017年
3 程楊;以產(chǎn)業(yè)為導(dǎo)向的丘陵區(qū)農(nóng)田水利工程規(guī)劃設(shè)計(jì)研究[D];西南大學(xué);2017年
，本文編號(hào)：2509884
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