Rights Of Litigation Upheld-game Of The Ming And Qing Judicial Field

In the Ming and Qing social tensions between people and land, commercial economicactivity, private rights awareness rise, civil disputes presented "litigation explosion" of thesituation, has become a veritable "litigious society". Department of survival, in order toachieve the purpose of winning, and people often take many such grievances, panic-like,dragged, disability and other aggressive litigation strategy, the use of the official "ones,trivialize" the justice and mercy of the weak state of mind, in order to achieve a direct orindirect impact on case processing, assert such rights litigation, civil and official interactivegame in the Field of Justice, constitutes a true public litigation practice. In this paper, thisinteractive game with the official folk perspective of micro research and put forward theirviews in order to get feedback effect. Paper is divided into four chapters:Chapter I, select the Ming and Qing Dynasties this special historical background, andfrom the development of commodity economy and the tense relationship between humanpoint of view, introducing great changes of the social environment of the period, as well asstrong demand for people’s rights and interests.Chapter II, detailed analysis of the role of the common types of justice in the Field: Theplaintiff and the defendant, who promote action to persuade people of their respective interestlitigation lawsuit motivation and interest demands; analysis of people in the "big things out"mentality under the applicable specific litigation strategy; through peer local history andinterpretation of historical precedents, from the microscopic dynamics perspective, explorethe legal people real life scenarios.Chapter III, pointed out in the Ming and Qing Dynasties judges institutional constraintsomnipotent government, under pressure from all-judicial, political career considerations mustbe careful. Secondly, the analysis of the Ming and Qing judges in the selection and applicationof skills and interest litigation based on the referee to show the Ming and Qing DynastiesSheriff superb artistry and skill of the judicial trial intelligence.Chapter IV, Analysis of the expression of the Ming and Qing judicial field and practicefield divergence, and think flourishing in Ming and Qing proprietary nurtured modern factors.