The Civil Dispute And Lawsuit During The Qing Dynasty From The Huizhou Millennium Contract Documents

In traditional China, all previous dynasties continuously pursue "harmony" or "the order" as its ultimate objective. But "as all the people has desire, wants but not to have, not to be satisfied, then they have no other choice but to struggle." Then the civil dispute and lawsuit can inevitably occur. Huizhou area during the Qing Dynasty can not be avoid absolutely. This article attempts to put the analysis on the civil dispute and lawsuit case which center carries through "The Huizhou Millennium Contract Documents ", revealing the legal supplementary relations between the patriarchal family's discipline and the local government's law. Wish to give some help to present society. The full text altogether divides into four sections:Section one: Exordium. Review on the literature first, then expounds why select this topic as my article.Section two: The overall analysis on the civil dispute and lawsuit case from The Huizhou Millennium Contract Documents during the Qing Dynasty. This section is from the horizontal aspect, on the base of analyzing 55 folk contracts which have been settled either in the patriarchal family or in the local government one by one. From the actual case analysis, readers may find some connection between the two above-mentioned ways.Section three: A case study of lawsuit: refer to the serf of Mr wang who charge landlord Li with assault and battery in Kangxi 32 years. After analyzing the case by vertical aspect , we know because this case occurs in two different patriarchal families, the patriarchal discipline have no ability but appeals to the local government. From this case, It can deepen our understanding of social order in Huizhou area during the Qing Dynasty.Section four: Conclusion. Make a comprehensive commentary on the first three sections. Points out: it would be better to transforms our research visual angle than to argue the patriarchal discipline and the government law which has more power. After do this, we may have more discoveries, and may have more significance to now society.