In The Late Ming Civil Mediation Analysis

China's traditional law culture is a kind of culture stressed harmony. In this paper the author will attempt to introduce mediation in ancient China and the deep-state's economic, cultural and ethical foundation.Through interpreting and analysing the records of mediation cases in the "Meng Shui Zhai Cun Du ". With introducing the history background of the book finished , author try to restore the Mediation System to the existence of the ancient Chinese forms and posture, and thus the mediation system in modern China the necessity and rationality.The first part, the outline of ancient Chinese civil mediation system .First author introduce the concept of mediation. Individual words as mediation, each have a certain argument on the only language from the definition. After quoting in the mediation experts and scholars on the definition, I think that the mediation must include an independent third party and the participation of two or more parties to reach an agreement consensual and contractual.Mediation in China is of long standing. People in primitive society in accordance with the long-established customs, habits, mutual consultation to resolve disputes, and this is the origin of regulation. In slave society , and his master class continued mediation as a way to resolve disputes. Mediation is divided into civil and officials mediation and conciliation in the form of mediation. With Confucian thought and culture occupy the mainstream of society and ideology, mediation has been injected new blood and Implications. Han had to mediate a very advanced stage, and to the Ming and Qing Dynasties, as mediation system has been relatively complete system of justice.Ancient China includes the mediation of a variety of styles, mainly include civil mediation, and officials and poll officials approved mediation three categories. Although the three main mediations, conciliation form their characteristics, but they are the ruling class to the legal and ethical moral standards as the yardstick, "no advocacy" for value-oriented goals and ideals are subject to the rulers of ancient and respected. In the maintenance of social order and stability and the eradication of the root causes of the dispute has played a unique role.The second part," Meng ShuiZhai Cun Du "as Perspective of the late Ming period of civil disputes settlement mechanism." Meng ShuiZhai Cun Du "was written by Yan junyan who lived in the late Ming dynasty as "Meng ShuiZhai Cun Du" but only in office records during its subcontractors with respect to language and public slips, but it was related to the handling of civil cases in various areas. Land appears to be mainly a specific dispute mediation income households marriage of First Instance and the mediating disputes income of First Instance two categories, both on January 1, for example in its analysis. Can be divided into specific "indisputable fields", "middle class struggle", "debt of First Instance," "Following the fight," as well as some marriage and family disputes. Most of the time, marriage and family disputes and the major doping Land disputes such as housing, we quoted from the book some cases, when local officials can show the community how and when to address these through the mediation of civil disputes. " Meng ShuiZhai Cun Du " in the field to fight, fight housing, an indisputable Tangdeng sector and the fight for the title of the proceedings-Verdict and Diao First Instance, the income for the title of First Instance and is still connected with the substance of Finance Verdict of the dispute, a total number of 245.The third part, "Meng ShuiZhai Cun Du " Verdict characteristics. In the late Ming Dynasty, a book " Meng ShuiZhai Cun Du " by the judge of records are scattered all subcontractors, many of which are civil judge of first instance, in these judgments, the first trial in which it is the fact that a very concise description language again , part of the facts described in the judge must be concise, to prevent empty long. The next is on the handling of the case. " Meng ShuiZhai Cun Du " the mediating interest litigation cases, and officials mainly through mediation and conciliation as well as civil and officials a combination of mediation. These mainly punitive punishment of flogging. At the same time, in addition to disputes with the punishment on the grade differences, the two sides of the controversial incident, as well as the evaluation requirements, different levels have different requirementsPartⅣ, mediation - "Wo Hop" culture logical results. "Wo Hop" concept first appeared in the Spring and Autumn Period. "Zheng ? Guo yu" and "Guan Zi " earlier on the "harmony and cooperation" made a presentation and interpretation of the concept. "Guan zi " has even more made public morality and "harmony and cooperation" directly linked. After the Eastern Han Dynasty "harmony and cooperation" concept of Confucianism, Taoism, Buddhism GM, as Confucianism, Buddhism and Taoism summarized their purpose of the comprehensive concept. To the Ming and Qing Dynasties, "harmony and cooperation" has been Confucianism, Buddhism and Taoism in China and other cultural genres thinkers generally accepted and widely used. Through a broad field of thinking of a comprehensive concept. "Harmony and cooperation" Apart from the concept of collaboration, and the meaning of unity. More to the heart, materialize, Baoqiu meaning. Spring and Autumn Annals, our thinkers, mainly in the following aspects: to create and expounded the "harmony and cooperation" the spirit of culture: the first will be to understand the natural world as a whole yin and yang harmony and cooperation. Second, the emphasis on social relationships to the "harmony and cooperation", and as a fundamental social development goals. In such a cultural interpretation of the vision, we find that China's mediation is the "Wo Hop" culture logical results. As a result, both natural and orderly society, the whole community harmony and unity, and to achieve a balanced, and the struggle to achieve a "no advocacy" for the ideal realm of "mediation income of First Instance," has become China's traditional legal culture a symbol of the concept.PartⅤ, Ms On. The traditional concept of the mediation system and the positive and negative aspects of both the extension of the comment and analysis. I think the one hand, the traditional system of mediation hampered China's social development and its role on the adaptability of the society is directly proportional system, should also have the right people, law and the concept of the weak, as well as traditional proceedings arbitrariness bear certain responsibility, but on the other hand, we should also see that the traditional system of mediation positive and reasonable side. To the traditional ideal of a harmonious background for the mediation mechanism, in the contemporary era of reform and opening up, the same can, by appropriate means, radiating a new life.