Custom,Norms And Order In The Village

Based on the law of society has a strong, civil law derived from this understanding of life, not only to study the issue of rent during the British civil legal system, but also to explore the legal and social structures, legal and social history of the interaction between livelihood. Specifically, the study is to put not only the civil law, civil law, civil habits as a means to resolve disputes in society and at the same time to put their society at different levels to understand the cultural symbols. Customary law of customs and the study is not easy rental period of the British origin of civil law, but to study its growth and decline and changes in the country as reflected in the interaction with civil society, as well as the rental period of British social changes and transformation. Research on the Beginning of the Republic by the pursuit of legal norms is the social value of what the law in the social status of the implementation of how this perspective in the early national laws and social customs behind the social and historical relations. Institute of the subject even though the history of the selected rental period is limited to the British period, this time only 32 years at the long river of history is of course a relatively short period of time, but specific research at this time will not be constrained, and To this period are placed on the development of modern Chinese law and the modern transformation of the whole process. Therefore, when we discuss specific issues, through its appearance, will study the long-term society into the slow movement of the deep-seated, in order to obtain the correct conclusion.Rent through the British study and other related historical data files will be rented during the Sino-British place Weihaiwei civil society at the time to hear the status of implementation of the provisions of the legal system, traditional Chinese law and the contrast used to study the system of study and practice of trial proceedings the distance between further analysis of the rental period of the British legal system to run and control the effect of society on the rule of law and the relationship between social change. This is the purpose and thesis topics are all about.British Weihaiwei rent period, Weihaiwei Administrative Region is divided into two major north-south. The colonial government by the Department Zhenghua, vice-hua Works Department and chief medical officer of the three functions of the Department of the composition department. China Works Department is in charge of finance, civil affairs, copy, prison and the trial of civil cases; Works Department deputy director-hua taxes, port police and criminal cases. Secretary and deputy to China as the North and the South District Chief Executive. Judging from the colonial system of government, independent and specialized courts to exercise judicial functions Weihaiwei not set, but no distinction between High Court and District Court, the Treasury Department as deputy to China's two functions of the colonial government department in administration of justice one the form of the exercise of the functions of the Court, in charge of civil cases and criminal cases. Essential in all cases by the deputy Secretary in charge of China, against its decision to apply for review of the Chief Executive. Difficult cases significant concession by the Shanghai High Court judge or assistant judge or the Royal Court lawyer.Rent period of the British civil dispute with the content of a wide range of civil litigation, disputes and litigation involving the parties have very wide range. In particular, there is a dispute the content, forests, graves, water, marriage, inheritance, debt and other villagers in all aspects of life. The parties involved in disputes, including bureaucrats, gentry, landowners, businessmen, and even the local ruffians rogue tenant servant of society, such as Level and Class members. The content of civil disputes and disputes of the richness of the broad party that disputes in the social life are universal. Weihaiwei concession Government attaches great importance to resolve the dispute within the Chinese population, and these disputes are usually more trivial insignificant. Even trying to encourage the adoption by the Village Board or other authority figure presiding over the mediation, civil cases are still taking up a lot of time magistrate. To set up complaint boxes and go directly to the magistrate's residence or his office filed suit, but the beginning of the informal procedure. Even though for a period of time, the format of the petition can buy the local shops in order to bring a lawsuit, but the written pleadings are not necessary elements.Lease agreement, the lease period, in addition to the United Kingdom for the outside of the inner city of Weihai Weihaiwei enjoy "the only judicial power." "Weihaiwei 1901 Act of the Privy Council" is a clear indication that the British Weihaiwei rent the existence of dual legal. "Qing Law" rent-British period are the main source of civil law, in a large number of civil cases is trivial to be implemented, and consider the kind of "Qing Law" is a dead letter, in judicial practice is not complied with the opinion is the lack of basis. At the same time, because of law are basic, for example, are added, under normal circumstances, when a case was brought before a magistrate, he is the first law applies only in the legal text is obviously lagging behind in development or not the text of the applicable law, the Example would be applicable. Customary law and case law are important sources of the judiciary, judicial officials are also reasonable when the basis for the trial, they or a separate application of, or with the law, cases of mixed application of the plaintiff and the defendant to seek the largest degree of "Yun HS." Rent at the British period, even though the sources of law are diverse manifestations, but the magistrate to apply the process at will, consciously or unconsciously, diverse sources of law will become a one dollar temper the rules of the system, whether it is legal, for example, or habits, moral or rational, have to be fully in line with the case. Ad litem, if the original law, cases can not apply, judicial officials will be looking for custom or customary law, even based on common sense, one of the most suitable for the composition of the rules of the program to settle the case. In some cases, will also appear in a deal with the case of several sources of law also apply, in deciding a case, but in the end, which is applicable to one or from a variety of sources of law in the abstract of a principle. Sources of law in such a comprehensive application of the process, since the underlying equity, a key factor in conditioning is to maintain a favorable colonial rule (at least harmless) to consider the social order. This is the law applicable to the colonial government, the starting point and destination. British rental period Weihaiwei the diversification of sources of law and society at the effectiveness and stability, so that we are aware of the social control systems, including customary laws, social codes of conduct for the operation of society has its unique function. Civil law, customary law and statute law of mutual cross-country penetration, coordination, and from different angles of the society reflects the different requirements of management. Extensive in the non-existence of customary and civil law as a tradition, heritage and integrate a civilized society for thousands of years in the form of norms, on behalf of and to meet a certain region, a certain social relations of members of the network required, there is not only the survival of their particular society space, but also as a civilized society the continuous transmission to the subsequent impact of a new society. At the same time as the changes in society, they will happen on the form and content of new changes, they have a profound impact on the social basis for the development of a new national law.Chinese customary law in the administration of justice both in the way the use of three types: recognition, integration and change. Recognized customary land transactions is mainly reflected at the first buy, with the exception of stay, sublet, or Branch and so on, of course, also includes the separation of brothers out of production, also the father of sub-debt, etc.; integration is mainly embodied in the separation of non-brothers Analysis of production, adoption of succession and other legal disputes; change the irrational habit of the main performance are: women remarry, the status of concubines, loan-sharking dispute disputes Code buy, humble, etc. Regulations.Rent period of the British civil proceedings Weihaiwei number of reasons, the basic contents of the proceedings, based on treatment procedures and standards. Rent at the British period, the region Weihaiwei cases the increase was mainly due to Chinese courts to apply the rules of the trial has affinity for China, litigation fees and charges low, the effectiveness of mediation of uncertainty, litigation and other reasons people happy; at the same time merchandise reflects the economic development and social progress of civilization.Rent period of British judges to hear cases, as well as mediation of civil disputes, and not very rigid application of the law, but has great room for discretion. They circumvent the law to freely express provision of determination of the case, it was very common, especially in civil cases. Even though at that time basically Weihaiwei jurisprudence does not recognize the country are the official sources of law, in legislation are also strict restrictions on the discretion of judges, but not in accordance with the law or the simple, mechanical application of the law, or even just buy it disregard of the law will be, and according to reason, morality, habits and customs, such as judgments, are often produced together with their rulers, as well as those who have been together as a model for future generations.