Research On The Dispute Of Ancestral Cemetery In Mid-Qing Dynasty

In traditional Chinese families, ancestral cemeteries are of great importance, carrying lots of connotation. Firstly, ancestral cemetery is the location of family ancestral graves, the vital places where family members recall their ancestors. In the concept of patriarchal clan, ancestral graves are of the same importance as ancestral hall and“Si Tian”(land used as a sacrificial offering), which play an vital role in ancestral worship and family solidarity. Secondly, the importance of ancestral cemeteries is reflected in the aspect of FengShui. The ancient counts ancestral cemeteries as the most important guarantee of the prosperousness of the whole family, which will impair the fortune of future generation. Owning an ancestral cemetery with good FengShui is not only an honor of the whole family, but also a hope for the development of the whole family. Finally, ancestral cemetery is not only used as ancestral grave, but also as cultivated land or tenant. Therefore, it’s evident that ancestral cemetery is a very special property, which carries traditional Chinese culture such as landownership, FengShui and Confucianism moral thoughts. It can be considered as a miniature of traditional Chinese culture.For the special value of ancestral cemetery, it is liable to raise dispute. Different from common civil disputes, it involves many factors as landownership, FengShui and consanguinity. It is of the common features of common civil disputes in Qing Dynasty, as the same time, it owns its own characteristics. Therefore, researches on the dispute of ancestral cemetery will intensify our knowledge of civil disputes in Qing Dynasty, but also will help us to analyze the characteristic culture complex of traditional Chinese. What’s more, it will present us a comprehensive status of the culture, law and society of Qing Dynasty. Based on 110 disputes of ancestral cemetery on the archives of Baxian County, combined with other cases, this thesis carries on an extensive analysis on the disputes of ancestral cemetery in Mid-Qing Dynasty.This thesis consists of nine chapters (including introduction and refletions).The introduction gives a brief outline of the origin, significance, relative research and research methods of this research. At the same time, the definition of“Mid-Qing Dynasty”is given in the introduction as well as the reason why this period is choosen.The definition, ownership and relative administration in Qing Dynasty of ancestral cemetery are given in Chapter one. Firstly, the definition of“grave”is presented. The author considers that“cemetery”is more applicable than“grave”as a legal term, which is also appear early in Qing Dynasty. Secondly, the ownership and administration of ancestral cemetery are introduced. For the great importance and influence of the family system played on the social order in ancient China, research on the ancestral cemetery is of great significance.Chapter two mainly introduces three traditional customs related to the cemetery, namely, FengShui, Prohibition in graves, and Zhailiu custom. Firstly, the theoretical origins of these three customs are introduced, especially the influence of the FengShui. In Qing Dynasty, cemetery with good Fengshui is carefully chosen, which was called“Buzang”. In protecting the FengShui of ancestral cemetery, several prohibitions are set, which are also mentioned in chapter two.Chapter three systematically combs the laws and rules related to cemetery disputes in Qing Dynasty. For the specialty and complexity of ancestral cemetery, there are special laws and rules on it in Qing Dynasty, special protections of ancestral cemetery are set. What’s more, much more severe protections are carried out for the cemetery of emperors, faithful ministers and martyrs.The main types of the disputes on cemetery in Mid-Qing Dynasty are introduced in Chapter four. This thesis divides the disputes into the dispute of ownership of cemetery, the dispute of the FengShui of cemetery and the dispute of the ancestral graves. The performance, cause and principle to settle of each kind of case are expounded in this chapter.In Chapter five, the settlement and judgment on the disputes on cemetery in Mid-Qing Dynasty are discussed. The origin of civil law of Qing Dynasty is emphasized on this chapter. The settlement of disputes on cemetery is mainly divided into two kinds, namely, the civil mediation and the official judgment. It’s calculated that mediations are seldom in official judgment and there are two steps in civil mediation. The cooperative and complementary of official judgment and civil mediation are combined to settle most of the disputes. In official judgment, the Rules of Qing Dynasty is not the determinative law, the conscience and customs are also taken into consideration. Therefore, expect the national law, the origin of civil cases in Qing Dynasty can not ignore the tacit law.The characteristics and causes of disputes on cemetery in Min-Qing Dynasty are expanded in Chapter Six. For the specialty of cemetery, the disputes are different from others. Firstly, it is much more complicated for the impact of land interest, the faith on FengShui and violence. Secondly, since cemetery is the property owned by the whole family, the disputes always involve lots of family members. Thirdly, for the complexity of these disputes and the lager number of family members involved in, these disputes are liable to trigger serious social problems. Therefore, it always attracts lots of attention. Besides the interest and FengShui factors carried by the cemetery, it embodied family members’moral emotion. Influence of Confucianism, recalling the ancestors is an important role played by the cemetery.In Chapter seven, the conclusion of this thesis, the connection between the disputes on cemetery and the folk culture, civil laws and social structure in Mid-Qing Dynasty is presented. Research on the disputes, can be a miniature of the culture, laws and society of Mid-Qing Dynasty. It can reflect the Chinese special emotion on the land. In the remedy of disputes on cemetery, the national laws undoubtedly play an important; however, the civil customs, regulations are of the same importance.In the refletions, the author presents that, research on the legal history should not only pay attention to the legal documents, but also the influence of moral culture on legal system. Confucianism has been playing the most role in traditional Chinese culture for more than two thousand years, inevitably, the disputes on cemetery are also the typical examples. For the traditional culture also play a vital part in nowadays society and the disputes on cemetery still exist.However, the traditional Chinese legal in contemporary has happened, how to crack fault caused by the traditional cultural concept social problem is still the necessary in the face of major issue of legal person today .