On The Way To Civil Disputes Of County Magistrates In Qing Dynasty

Although the civil dispute is called in the Qing Dynasty the trivial incident, is not taken seriously. But it is closely linked with people's daily life, solve bad will cause a variety of social issues.For the common people is a waste of energy, material and financial resources to sue the county, abandoned agriculture; for the Government, it is the people entangled bureaucratic complaints, seriously disrupting government office trial order and wasting country trial resources. Therefore properly resolved civil disputes is the duty of officials of counties, is one of the elements of their performance evaluation.Qing Judge have the final judgment to judge the civil disputes taken place in the Region control area.the reason as bellow:first,the nature of the civil disputes;second,the Magistrate charge all the thing In his The scope of management; third, quantity of the County in the Judiciary is large, all over the country.The author carries on the classification by the modern law educational world's general viewpoint to Qing Dynasty's law, with the aim of elaborating.Qing Dynasty judge adopts three measure solution civil dispute. (1)Mediation,(2)judgment,(3)do not admissible. These three measures have manifested ancient times' reason trial principle. the judgments based on law, from a deep relationship between the reasonable sense and law.As a county magistrate, when he dealt with the cases, he thought of not only how to end this case, but also to instruct the public during the judgment. This psychological trend is from the Confucian thoughts. They play eyes on civilian lives, and consider civilians'richness and benefit. this is the basis for country prosperity and stability.This thought to their background from Confucian knowledge. because one of elementary values in traditional litigation is to implement Confucian spirit.