Study On System Of The Informal Mediation For The Civil Disputes In Qing Dynasty

The informal mediation has been widely applied as one of the important tools to solve the social disputes in traditional china rural society. Both government and common people rely on the informal mediation. Therefore, we can explore the wisdom and strategy of the ancients in solving the social disputes by studying the informal mediation.In this thesis, the informal mediation was chosen as research objective and the informal mediation in Qing dynasty was overall demonstrated by the analysis of the contract data and judicatory file. Based on this, the social base and the basic procedure of the informal mediation in Qing dynasty were investigated. The social factors that influence on the success or failure of the informal mediation were analyzed. From all this, we has further realized the social mechanism of the informal mediation in Qing dynasty. To comprehensively understand the effect of the informal mediation to dispute-solving in traditional society, we need compare the informal mediation with the civil litigation. Form those, validity and limitation of the informal mediation, and the close relationship between the informal mediation and the civil litigation were recognized.This thesis has five chapters. In addition to instruction and conclusion, this thesis has more than two hundreds of thousands words.Introduction is mainly focused on the present study situation of the informal mediation in Qing dynasty, the meaning and purpose, literature and study method.The first chapter outlined the civil dispute and the judicatory system of the county government in Qing dynasty. In this chapter, the outline of judicatory system of the county government in Qing dynasty was briefly presented, which include personnel of judicatory institution, judicial function, the penal and the civil judgment. Secondly, the types and characteristics of the civil disputes in Qing dynasty were discussed.The second and the third chapters were focused on the analysis of the informal mediation for the civil disputes in Qing dynasty. The second chapter includes analysis of the informal mediation's concept,the history and development of the informal mediation, the social base and the culture base of the informal mediation, and types of the informal mediation. Among these, types of the informal mediation in Qing dynasty are the stress of this chapter. In this chapter, the informal mediation in Qing dynasty were divided into five basic types using subject of the informal mediation as standard,including the baojia and xiangyue mediation,the clan mediation,the relatives-friends and the neighbor mediation,the middleman mediation,and head of an association mediation. Various cases were used to describe different types of the informal mediation. From above discussion, we overall knew the informal mediation for the civil disputes in Qing dynasty.The third chapter mainly analyzed the running mechanism, principle and grounds, factors influencing the success and failure of the informal mediation for civil disputes in Qing dynasty. It was base on the fact description of the informal mediation in the second chapter. The function mechanism of the informal mediation was further understood by analyzing these.The civil litigation of the county government in Qing dynasty was discussed in the fourth chapter. To further understand the effect and function of the informal mediation, the informal mediation was relatively studied in the whole solving mechanism of the civil disputes. Litigation rules which promulgated by the county government was discussed. On the same time, the dealing dispute opinions and modes of officials were analyzed based on the judicatory flies of huangyan region. By analyzing the civil litigation of Qing dynasty, we can see that the civil litigation was belittled by Qing government and people have many troubles in solving dissension by the civil litigation.The Civil litigation was comparatively analyzed with the informal mediation in the fifth chapter. We realized that the informal mediation have two sides, that is validity and limitation. A large numbers of civil disputes were solved by the informal mediation. On the other hand, a lot of civil disputes were unable to be solved by the informal mediation. Moreover, the historical data indicated that the informal mediation wasn't opposite to the civil litigation though the difference existed between them. People always simultaneously applied the two means in the practical process of solving the civil disputes. All these demonstrated that the civil litigation has the close relation to the informal mediation.