CAJ | 학술논문

运用法社会学方法，依据档案资料，研究晚清水权纠纷民事审理的概况。晚清水权纠纷的审理具有制度转型时期的司法特征：一方面，适用清代水权法律制度，维护原水权人的利益；另一方面，运用新的水权观念，对水权变化作出符合时代要求的安排。晚清水权审理的主角是州县衙门，方式以调解为主，审理原则兼顾历史与现实的平衡；判决因法官个人修养、水权观念不同，结果差异较大；判决执行分为水权秩序的重建与勒石刻碑对判决内容的确认。研究晚清水权纠纷的民事审理，对于合理利用水资源，减少水权纠纷具有重要的现实意义。
운용법사회학방법，의거당안자료，연구만청수권규분민사심리적개황。만청수권규분적심리구유제도전형시기적사법특정：일방면，괄용청대수권법률제도，유호원수권인적이익；령일방면，운용신적수권관념，대수권변화작출부합시대요구적안배。만청수권심리적주각시주현아문，방식이조해위주，심리원칙겸고역사여현실적평형；판결인법관개인수양、수권관념불동，결과차이교대；판결집행분위수권질서적중건여륵석각비대판결내용적학인。연구만청수권규분적민사심리，대우합리이용수자원，감소수권규분구유중요적현실의의。
Social law was totally applied to discuss the the hearing of water right disputes during Ming and Wing Dynasty according to the historial ducuments and archives. The hearing of water rights dispute in the later Qing dynasty has the features of transforming judicature system. That is, on the one hand, the application of the legal system of water rights was applied in the Qing Dynasty to maintain the right to the interests of the people;on the other hand, the use of the new concept of water rights was in line with changes of the requirements of the times. The main body of trial water rights dispute is the counties＇ government offices, which take the ways of mediation based on the principle of balance of history and reality. The decision is a greater difference as a result of Judge＇s personal self - cultivation and their ideas of water rights concepts. The enforcement of judgments is divided into two parts in which the one is the reconstruction of the water rights order and the other is that to make the contents of decision of the stone. The study would make us realize the improtant value of rational use of water resources.