Ming And Qing Village Mediation System

The folk mediations in Chinese antique society were composed of country mediation, phyla mediation and neighborhood mediation. Country mediation is a kind of "Semi-official" mediation system. It originates the way to solve dispute which solve by consultation in the tribe. And to Ming Dynasty, follow the passing of "Jiao Ming Bang Wen",the country mediation was admitted as a legal mediation system. Although Bang Wen was abolished, but as a special mediation accompanying the official right, it was deeply admitted by people and was used all the way, it also influents the folk mediation greatly now.Lijia system is the carrier of country mediation in Ming Dynasty. The first item of "Jiao Ming Bang Wen" said:"every smart matter something like farmland soil, household and marriage which would not indict casually, must be taken up by the leader and the elder in Li. If the plaintiff who indicts casually will be bitten 60 by wooden staff, and still put the case back to let leader and elder take up. "which made the leader and elder become the mediation maker of civil case dispute and some slight crime disputes. And these dispute only could be taken up by leader and elder in Li, could not indict to county government. From the middle period of Ming, the system of elder in Li was abolished gradually. The system of leader in Li loosens day by day, and was instead of the system of leader in Bao. The mediation maker in country mediation of Qing Dynasty is the leader in Bao and Jia, the people who charge of culture in country and the General in bureau. The country mediation in Qing was more flexible than the one in Ming. The application form of mediation was not needed in some dispute mediation, and proof offer was more ample.The country mediation in Ming and Qing Dynasty was affirmed by people, because its mediation maker was authoritative and closes to, and it could solve the dispute swiftly and conveniently. The country mediation, phyla mediation and neighborhood mediation convert and help each other which offered a diversified structure. The system of solving dispute mainly composed of litigation and court mediation .But the folk disputes which increased day by day made the limited judicatory source tired greatly .So we can make the country mediation in Ming and Qing as a reference to build a great folk mediation system which takes" folk mediation law" as center, takes ratings mediation and consociation mediation as content.