The Study Of Litigant Mediation Mode In Qing Dynasty

Mediation is Chinese Traditional mode in litigation, the Traditional mediation system have become one of the basic feature of the Chinese ancient culture of law. After the long historical accumulates and inheritance, the traditional mediation system has developed into two forms, which are litigant-mediation and extra-litigant mediation, and was finally well-established in Qing Dynasty. The litigant-mediation mode in Qing Dynasty is a mediation manner be used in the civil or venial fight dispute which entering the proceeding, including litigant- settlement, withdraw a lawsuit and mutual-mediation follow the official instruction. The research targets of this article are the cases which have settled a lawsuit and the local government took charge or participated. And the author analyzes the characteristic and the reason for mass existence of the litigant-mediation system in the Qing Dynasty's districts and counties.The litigant-mediation mode in Qing Dynasty is a mediation manner be used in the civil or venial fight dispute which entering the proceeding, including litigant- settlement, withdraw a lawsuit and mutual-mediation follow the official instruction.The characteristic and foundation of the litigant-mediation mode in Qing Dynasty is quite different from other modes which use to settle the dispute. The virtue of its particular effect and special function were widely adopted in Qing Dynasty resolve troubles operation by officials. This article does the primary carding and analyzes about the litigant-mediation mode in Qing Dynasty, and reviews this mode under the background of contrasting extra-litigant mediation and civil judgment.This article consists of four parts: The first part analyzes the connotation of the litigant mediation mode in Qing Dynasty, defines and redistricts the mediation. Form the proceeding angle and whether the mediation factors enter proceeding? The article adopts the case which settles a lawsuit with the factor of the mediation, divide the Mediation System in Qing Dynasty into litigant-mediation and extra-litigant mediation. view the case, which is proposed to be end as the settlement, by the litigation, depends on whether the settlement will be in the process of the litigation, we can divide the mediation institution into two kinds, which are litigation with mediation, and litigation without mediation.The second analyzes the base of existence of the litigant mediation mode in Qing Dynasty from the History, Culture, System and Psychology. Around this part the author mentions four sections: section I expounds the traditional Chinese culture was the culture base of the litigant mediation mode in Qing Dynasty; section II mentions the litigant mediation was impelled by official merit system in Qing Dynasty; section III analyzes the base of system of mediation was the limitation of the party's Litigious Right. The last section construe the reason of the both parties were subjected to the mediation form the Psychological level is be tired of this litigation.The third makes a comparison between the litigant and extra-litigant mediation, after that, analyzes their inherent feature. Section I illustrates the litigant mediation is a lawsuit activity. Section II analyzes the litigant mediation has Mandatory. Section III illustrates the basis of the litigant mediation are Legal and moral reasons. Section IV analyzes the litigant mediation has the final execution.The fourth formulates the effect and function of the litigant-mediation in Qing Dynasty. Section I elaborates the relations among the dispute settlement mechanism. Section II analyzes the effectiveness of the litigant-mediation. Section III analyzes limitations of the litigant-mediation.The litigant-mediation play an important role in the dispute settlement system in Qing Dynasty, it revise the shortcoming of the extra-litigant mediation and the directed verdict. The widely using of litigant-mediation is an inevitable choice because of the background of that age, politics and economy in Qing Dynasty.