Studying Of Title Documents In Nanbu Archives

Contract document originally is a kind of documents about private law and specification,however,when it becomes government archives,the household registration of which has changed from "private" to "public" with the content of the dispute behind.The contract documents in Nanbu Archives have this kind of public and private crisscross nature, they not only reflect the performance of Nanbu county contract order in Qing dynasty, but also reflects the interactions between officer and people.Nowadays, contract documents collecting and publishing work is burgeoning everywhere, this article namely want to have a preliminary research about contract documents in Nanbu Archives.The author totally picked up 1826 piece of contract documents from Nanbu Archives,an overall classification research of which will be arranged at the first chapter.Considering the requirement of large data in late,we will choose the nature of contract documents as mainly classification standard.Theses contract can be divided into 9 categories: buying and selling contract,rent contract, pawn contract,borrowing contract,marriage contract, separate contract,inheritance contract,exchange contract and other contracts.There are original and copy papers in the archives,of which especially striking is the original land sales contract,for behind which is not only the problem of civil documentary evidence system in the qing dynasty, but also the problem of civil lawsuit idea.In general, the process of contract documents change from "private" to "public " is a problem worthy to be discussed.The second chapter is on the land business habits and disputes.With the double restriction of folk custom and national law,land sale of Qing dynasty formed a variety of official and private documents.The most important habit of land sales in Nanbu county is its procedure,which can be divided into three part according to its stage :pre-sale,formal sale and post-sale.They formed a land sales contract system andplayed an important role in establish and maintain folk property of land order.Even so,land disputes happens all the time,in fact,the contract itself is the result of dispute.The third chapter discusses lending disputes.There are a vast land credit markets in Nanbu county of Qing dynasty, in which the lending interest rates generally under three points, free lending also accounted for a large proportion.Lending often has complex relationship with land transactions in Nanbu county:the people who take over the land is widely considered a "responsibility" to help the person who sell the land,and lending is the most important way.We call this "responsibility lend".The debtor become more impossible to repay the debt as it pile higher,finally he will look for the creditor to buy the land.This phenomenon caused a vicious circle between money lending and land selling,and a lot of lawsuits.The fourth chapter tries to study a particular problem with all kinds of contract comprehensively,we can see that interception is a common way in dispute handing.The method of intercept is to submit a "Interception" plaint to the magistrate to allow civil mediation,which was existed in Yuan dynasty.It was a common psychology in traditional society that common people was hate and fear of litigation,they would rather to live in harmony with each other.Meanwhile,the magistrate also advocates mediation priority.Thus interception meets the request of both officers and ordinary people.Although among people were intercepted, but we don’t think it will prevent people from justice demands.The fifth chapter mainly to discuss the problem of "suit help" in local society.If the interception is a expectation that a group of people with a person or a group of people got along with each other, then "suit help" is against them. "Suit help" was prevailing in Ming and Qing dynasties,but the official prohibit it severely in their expression,which makes it become a pronoun of rogue and disturbing the order of litigation.But we would have a different explanation through the civil contract that the weak people gathered together against the common enemy in order to deal with "evil" and litigiosity.Although the "evil" will also help each other, but we can’t ignore the other side of "suit help",namely,it was also a alliance of "coward".