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On Songshi's Legal Position In Qing Dynasty

Posted on:2011-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:X L YaoFull Text:PDF
GTID:2166360305973222Subject:Legal history
Abstract/Summary:PDF Full Text Request
In the qing dynasty, Due to the influence of traditional legal thoughts, people lodged a complaint in order to maintain their own property or the right.It iwas considered as badly behaved and going to the dogs. The songshi also was called the pil activists., their political and social status was extremely low.And law was truly limit to songshi. Compared to the former, with the development of society and the openning of thought., People's rights consciousness was raised. Law cases around increased constantly. It was incompatible with guiding ideology of no suit. So feudal official limited songshi more closely.Even there were special laws of punishing songshi. This was unprecedented.The Qing Legal Code expertly established the crime of instigating litigation,and added twelve regulations.Their contents severely restricted Songshi activities for the purpose.These constituted a complete legal system. Under the control of the feudal official severely,Songshi almost was not legal status.But in such a miserable conditions,songshi still survived it out there with difficulty until generation of lawyers' system,and played a role long-term.It was a marvel,also showed existing of songshi was compatible with particular historical conditions.Songshi had plenty of space to play their own part.,also had own value.Of course, we can not deny the fact that, because The living environment of songshi was very bad,songshi group had characteristics of amateur and boundedness.So many songshi drew water to one's mill.The more tried to help more people to maintain legitimate interests.They possessed own professional ethics and professional standards.And they maked use of understanding for judicial system of qing dynasty and various litigation skills what songshi acquired in practice.Through giving a hand including ghostwriting plaint, contacting the government official,and offerring advices,they not only played own role for ease case,but also had an impact on judicial order of qing dynasty,so that they were at a indispensable status.In a word, Songshi's position in the legislation was different form which in the judicature in Qing Dynasty.It caused songshi were at a embarrassed and contradict status. For one thing,because of complicated cases,fussy judicial procedure, the government official from above, and fighting the interests of all the parties,the common needed songshi offer help who mastered legal knowledge. For another,songshi always were cracked down on by the government official. Songshi's position cannot obtain treatment legitimacy.So judicial professional was interrupted because Songshi's destiny,and songshi did not get good grades as lawyer.Studying the difference of Songshi's legal position in Qing Dynasty,it can offer a lot of help for developping lawyers' system.If the ruler can treat songshi exactly,and can admit Songshi's legal position,and manage songshi group reasonably,then,it was for certain that songshi can have a positive effect as lawyers' system.
Keywords/Search Tags:law practitioner, not-lawsuit, suppress, judicial order
PDF Full Text Request
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