Song Dynasty, "the Health Of First Instance Of The Reasons For Study

Litigation is a complex social phenomenon. It will be influenced by certain political, economic, cultural and other factors. The traditional economy, society, thought culture and legal regime of china caused the majority scholars to think that the lawsuit value of ancient China was more inclined to non-litigation and traditional litigation culture was also pursued the non- litigation as the mindset of value. In fact, non-litigation was only represented one kind of national governance idea of the ruler class. This ideal of non-litigation would be impossible to realize. The reason is that litigation is a social phenomenon which must be happening in the process of the social development. Even though the concept of non-litigation, making light of litigation and fearing the litigation were taken the leading role in ancient china; the atmosphere and phenomenon of litigiosity in various dynasties had still existed in varying degrees. The atmosphere of litigation could not been stopped once a variety of opportunities for litigiosity were appeared.Song dynasty is not only a period that has the intense historical characteristics but also a dynasty in few numbers which used the laws to rule a country in the Chinese history. Non-litigation was the mindset of value in the process of society and history of ancient china. However, Song Dynasty appeared the official affirmative litigation phenomenon. And the social roles involved in litigation were containing all walks of life. In addition, many contesting party also had the blood relationship in Song Dynasty. The litigation between two brothers, the litigation between uncle and nephew, even the litigation between parents and children were often happened frequently. HuHun which wrote in MingGongShuPanQingMingJi from part four to part nice had recorded a large number of such lawsuits. Such kind of litigation which broken the Confucian family ethics could be certificated by official was a question worth paying attention to and thinking by us. Litigation, in fact is one kind of manifestation using the legal provisions to safeguard their own rights and interests by people. The happening and continuing of the litigiosity phenomenon of Song Dynasty in some extent indicated that the traditional legal system developed to Song Dynasty had obviously paid great attention to regulate and protect the folk property and the populace benefit. The expansion of the Subjects of legal and the increasing in the number of litigant participant caused two Song Dynasty's civil legal norms to increase relatively. From this it produced some relatively explicit and more detailed and more complete legal norm which protected the property rights and regulated transactions.This article takes Song Dynasty's social background as a perspective of seminar. Makes every effort to inquire the Song Dynasty's litigiosity phenomenon from each kind of connection factors by studying the development condition of Song Dynasty's politics economy and legal regime and unifies utilitarianism and the thought of no matter the rich and poor. And pursues the reference for building our country's litigation legal system in the foundation of inspects these factors that influences the establishment of litigation.