清代水事纠纷解决途径及其启示

The Settlement of Water Dispute in Qing Dynasty and its Enlightenment

作为封建农业大国,清代水事纠纷发生频繁,解决这些纠纷的诉讼途径和非诉讼途径相配合,其中诉讼解纷途径注重实地勘验获取第一手材料,并且注重国家法令与地方风土人情和水事习惯规则相变通和协调;非诉讼解决机制中的调解注重利用乡绅、"水老"等民间力量。尤其是诉讼和调解都注重发挥熟人社会的自我监督和教育功能,并促进水事习惯规则生成和传承,值得研究扬弃。

As a large agricultural country,the feudal Qing Dynasty met with water disputes frequently.To resolve thesedisputes,litigation and non-litigation were compatible.The litigation paid great attention to obtain first-hand inspection at the spot,and focused on the adaptation and coordination of national regulations,local customs and customary water rules;Amongnon-litigation settlement mechanisms,the mediation drew support from the squire,＂old water inspector＂and othernon-governmental forces.Especially in litigation and mediation,the function of self-monitoring and education in a charmed-circlesociety was brought to play.In these courses,water customary rules were generated and passed down.They are worth studying todevelop or discard.