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Grassroots Social Dispute Resolution System In The Early Ming

Posted on:2012-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
GTID:2205330338959320Subject:Legal history
Abstract/Summary:PDF Full Text Request
The Chinese traditional folk dispute resolutions include village organizations, township about organizations, fellow organizations, rural association, etc. While the village organization played an important role in the grass-roots social disputes in early Ming Dynasty, and become statutory provisions as a means of dispute resolution in"Jiao Min drew". Although"Jiao Min drew"was later repealed, but the semi-official nature of the dispute resolution has been recognized by the people, and its spirit has been accepted.In the early Ming emperor ZhuYuanzhang established Li-jia institution and Li-lao institution. On one hand this implemented government decrees and collecting taxes, on the other hand ruled the people by good citizens, so that the disputation can be solved by the moral education of elder and Li-jia officer. So these two system is the cornerstone of the early Ming grass-roots community. This paper first introduces the basic content of these two institutions, and then profoundly analyzes the engenderment of dispute resolution in grass-roots community. Emperor ZhuYuanzhang established Shen Mingting in the early Ming. The upright old is elected by the people to resolute disputes in order to educate people. In the combination of etiquette, and the next sentence supplementing the guiding ideology of bute education, the system produces to address the problem. It is an important village dispute resolution system. In the early Ming.This text based on some of the contract documents in Ming dynasty. Through the dispute settlement body, dispute resolution range and dispute settlement basic principles to analyze the dispute resolution system of the basic-level society y in early Ming Dynasty. After carding and analysis the basic system, This text analyzed the features and value of the dispute resolution system basic-level society in early Ming Dynasty, from the angle of legal culture. During the research of dispute-resolution system of the basic-level society the basic-level society in early Ming Dynasty, we not only discuss the history of legal system but also discuss the dispute resolution system of the basic-level society in early Ming Dynasty in the angle from law to law and discipline rite. Law is from the angle of system. Law and discipline rite is from the angle of legal culture.The object of the paper also has profound realistic significance. Nowadays, construction of harmonious society of socialism is the common goal of our country. Then, what is the harmonious society? In political sense, it means:"democracy and the rule of law, equity and justice, honesty and fraternity, stability and order, harmonious relationship between man and nature"; In legal sense, it means:"the subject of right is coordination, disputes can solved very well". So the stability is the main basis of constructing a harmonious society. The study object of this paper is how to resolve the dispute and stable society.
Keywords/Search Tags:The elderly, Dispute Resolution, Shen Mingting, Jiao Min drew
PDF Full Text Request
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