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民国时期是我国水利事业发展的黄金时期之一。水利设施的运行急需法律法规予以规范和调节。但是,民国水利法制的相对滞后使得司法机关不得不依赖习惯法调整水权运行。在此过程中,水权习惯法通过司法援引进入国家法体系。同时,一些较为成熟的水权习惯法则通过立法上升为国家法。而没有进入国家法律体系的水权习惯法仍以传统的方式在基层水利社会发挥作用。上述两个方面构成了民国水权法制及其实践的主要方面。
The Republic of China was one of the golden periods for the development of China’s water conservancy. The operation of water conservancy facilities is in urgent need of regulation and regulation by laws and regulations. However, the relative lag of the water legal system in the Republic of China has forced the judiciary to rely on customary laws to regulate the operation of water rights. During this process, the customary law of water rights was introduced into the state law system through judicial assistance. At the same time, some well-established rules of customary water rights have been elevated to national laws through legislation. However, the customary law of water rights that did not enter the national legal system still functions in the grassroots water conservancy society in a traditional way. The above two aspects constitute the main aspects of the water rights law in the Republic of China and its practice.