On The Song Shi Of The Qing Dynasty

The Song Shi in the Qing dynasty are a community to havethe certain ages characteristic, their help in lawsuit is aminiatures of the Qing dynasty legal culture .The Song Shiwere a kind of power to contend with authorities in litigationactivity , were the breakage of social order that authoritiesconstructed " the harmonious " and " have no litigation "at that time , so they were always forbidden by the statutes,were killed by the authorities . But because the common peoplethat involve lawsuit need them in the litigation process tohelp, at the same time the intellectual in the Qing dynastythat fail in competitive exam in imperial examination andbeing greedy for the gentleman of the benefit add the powerfor the Song shi troops constantly again and constantly, so,not only they were destroyed completely, but also a flood ofthe Song Shi in the Qing dynasty society exsit. The Song Shihad been having no the legal position in the society, alwaysare to be placed in the underground movable appearance in half.Therefore, the Song Shi in the Qing dynasty suffers influenceof the social structural at that time, impossible with nowit the lawyer's social status same alike. According totechnique and incite the researching for the trickcharacteristics of the Qing dynasty, tally up its to theinfluence of the litigation result, and analyze its reason.On the basis of studying secret book of the Song Shi that 58practice to guide, tallying up among them a litigation forincluding theories, analyzing its the value for formingtheory of knowledge of the litigation. There are five chapters in this thesis . Foreword. Introducing the social background that theSong Shi of the Qing dynasty exsit. The Song Shi of the Qingdynasty exsitted in appearance that are severely forbiddenin the statutes, are scathed the authorities by and stronglyrebuked in public opinion in morals, so at that time theauthorities takes to the evaluation of the Song Shi todevaluate to suppress the color certainly. Therefore, theinfluence of a litigation for can having a foothold with atthat time social culture present condition, investigatingthe Song Shi to Qing dynasty activity, is fair and give tothe Song Shi objectively evaluation. The first part. Social basis that the Song Shi of the Qingdynasty exsit. Because the Song Shi are special creationunder social construction in the Qing dynasty, so exsittingof this community are not only have the certainly objectiveneed, but also still have certainly objective andinevitability. Among them of the reason reach two:1, solutionthe Qing dynasty authorities and self-contradict need inpeople's litigation. In a specific way of the antinomyexpresses at: firstly, complicated officialdom with theantinomy of the common people of no familiar with officialdom.Because of economic quick development in society in the Qing 59dynasty, bring the nasty upheaval that society relate to move,making social antinomy been placed in to arouse, the day inbreeze of enjoying lawsuit that turn, the case of the stateCounty surges. Because be created the influence that set upformation in system in imperial examination a traditionalprejudice for taking no cognizance law knowledge, theofficialdom of the Qing dynasty do not make a point of to studythe statute. Face the pressure that handles the case of largequantity, they have to take big and parts of cases to the aidesand staff . The mandarin of specially learning statutes.Because the aides and staff with mandarin only contain meagersalary, so they make use of such opportunity certainly to theexpenses that obtain the high sum. However to a common people,they and the business of no familiar with officialdom, dependthemselves and officialdom the negotiation is very difficult.But the Song Shi regard helping others to have a lawsuit asthe industry because of them, so acquaint...