The Study On The Resolving System Of Civil Disputes Of The Qing Dynasty

The Qing Dynasty is in the late feudal society whose feudal economygot the level beyond its former dynasties after recovery and development.Meanwhile, various inherent conflicts of the Qing Dynasty became severelysharp and complicated and the crisis of feudal society got deeper. In orderto maintain his rule, the ruler took a series of political, legal, andideological measures to put the absolutistic centralism centered inimperial power to the peak. One of the measures was to farther improveand intensify local judicial system of cantons and counties, which wasan important political and legal measure taken by the ruler of the QingDynasty to strengthen imperial power. The Qing Dynasty, therefore, becamethe dynasty of the most perfect and mature proceeding in Chineseancientry.Civil procedure gradually became independent of criminal procedurefirst in practice with the development of civil relationship, althoughthe Qing Dynasty inherited the feudal legal tradition——haying highregard for criminal law and a low regard for civil law, not to distinguishcriminal disputes from civil dispute& and there was no distinct divisionbetween civil procedure and criminal procedure in the judicial system(Civil procedure was distinguished from criminal procedure in legalinstitution after 1910 when Shen Jiaben constituted The Act of Criminal Procedure of Qing Dynasty and The Act of Civil Procedure of Qing Dynasty).Then, the resolving system of civil disputes of the Qing Dynasty clearlyemerged.The paper tries to characterize civil cases of the Qing Dynasty,research the resolving system of civil disputes of the Oing Dynasty andits mode of operation, describe concretely the rule by whichdisputes-resolving system by litigation and disputes-resolving systemout of court operated in the Qing Dynasty and make a general analysis ofthe resolving system of civil disputes of the Qing Dynasty by analyzingthe materials of the history of the Qing Dynasty, making use of the theoryof dispute-resolving system by litigation and dispute-resolving systemout of court and classifying civil cases of the Qing Dynasty.First, according to two standards——" 'severe' as criminal,'trivial' as civil and 'Gangchang Jiaoming' criminal, otherwisecivil", in the "Required Readings for Punishment Titles", writtenby Qing Dynasty renowned criminal accusation expert Wang Youhuai, andother documents on the history of Qing Dynasty, the paper makes a cleardefinition on Civil disputes of Qing Dynasty. it also analyzes thecharacteristics of civil disputes of Qing Dynasty, including its nature,proceeding, settlements etc.Second, the paper puts forward two resolving models on civil disputesin Qing Dynasty: litigation and other alternatives, by researching andanalyzing the disposal rules and procedures of Qing Dynasty civil disputes,while making references from other modern theories related. Furthermore,it thoroughly expounds the rules and procedures on trial, countintermediation and other intermediations.Finally, it makes highly prizes for the intermediation in resolvingcivil disputes of Qing Dynasty, while severely criticizes the compulsionof count intermediation, not regarding the parties' will.