Real Estate Disputes In Southern Song Dynasty

With the prosperity and development of commodity economy and further deepen the level of land privatization, the transactions of lands and houses, during Southern Song Dynasty of China(SSDC), were shapely increased. At the same time, the judicial officials of SSDC paid a lot of attentions to the complicated real estate disputes(REDs) caused by increased transaction of properties. The RED, which was one of the typical cases of civil litigations, was the main content of the civil dispute in the SSDC. From the diverse types of the REDs, the standardized proceeding process, and the outstanding judgments of judicial officials when deal with complicated dispute cases, we can safely conclude that the temperament of SSDC is distinguished from it of previous dynasties. Ming Gong Shu Pan Qing Ming Ji(QMJ), one official document of SSDC, objectively shows the massive and complicated property of REDs of SSDC and also conforms our conclusion as well.In this study, first we cite the REDs of QMJ as a breakthrough point, and then discuss the REDs of SSDC in the following aspects.The first part is the introduction. It’s mainly talking about the background knowledge of this study. It includes three aspects. First, we elaborate the reason of choosing this topic and its significance for studying. Also, we use dynamic analysis method to discuss the REDs of SSDC. Secondly, we review the cases and achievements in the worldwide and find that the studies of this area still have many problems need to be improved. The last but not the least, we present the point of macro arguments and selective judgments to explain the distinguished works of judicial officials of SSDC and this point is innovation part of this paper as well.The second part is the summary of the REDs of QMJ. In this part, we use the quantitative analysis method for studying the REDs of QMJ and classify REDs into three different categories that are claims of debt, disputes of property, and disputes of inheritance. Meantime, it is obviously that all of there three types, mentioned above, of REDs of QMJ are massive and complicated according to the above discussion.The third part presents that when dealing with REDs, the judicial officials of SSDC strongly based on both words evidences and physical evidences to make a decision. Indeed, the Qingli Law was the criterion of their final judgment.The fourth part mainly mentions the standardized process of how did judicial officials of SSDC make a finial judgment when dealing with REDs. The process includes judgment, mediation, and inadmissible. Furthermore, the judgment includes directly judgment, rehearing, and judging by superior officer, and selective judgment. Also, there are two types mediations, which are mediation before and after final judgment. All of these facts can strongly show the distinguished skills and flexible methods of judicial officials of SSDC.The fifth part is the conclusion. In this part, we present three reasons why the REDs of SSDC were increasing dramatically. First, the economy of SSDC had a sharply developing. Secondly, real estate law system and civil law system got a huge improvement. Thirdly, the custom of SSCD changed to focus on self-interest. Furthermore, we show that judicial officials of SSDC strongly based on evidences and took Qingli law as the standard to make a final decision as deal with disputes and claims.