Research On Extinguishing Lawsuit Cases Of <Mengshuizhai Cundu>

The thought and the system of extinguishing lawsuit is an important content in the cultural heritage of Chinese law. There are eighty-eight cases of direct interest to the word extinguishing lawsuits the name of this paper in <Mengshuizhai cundu>, that will be the depth information of First Instance specifically applied in judicial practice.The first part of this paper is to type <Mengshuizhai cundu> in eighty-eight interest litigation cases were analyzed in accordance with the nature of the case and the reasons for interest litigation divided into three categories, criminal, civil and review cases. Which contains the criminal case of personal injury cases and class falsely accused of such cases, which is divided under different categories; civil comprises Land disputes, family disputes marriage, quarrel, unequal partnership of benefit four categories of cases, under which they divided into different categories.The second part of this paper is the <Mengshuizhai cundu>, according to the information contained in the litigation case file number, the name of the case, the reasons of dispute, the verdict, interest litigation mode and sifted agencies will eighty-eight interest litigation cases finishing classification, statistics these cases the verdict of the role of the object, both the original defendant, the majority of cases are both subject to the punishment, then combined with the specific circumstances of those cases analyzed the principles of ancient Chinese Judges decide cases; and then combining these cases the outcome of the trial, defendants discussed the formation of path information; and finally, on the basis of the analysis of the first three defendants on the definition of the scope of application of interest.The third part is a summary of ancient Chinese culture and interest litigation outlined herein, first discusses the ideological basis of Chinese Ancient Mediation idea generated from Confucianism, Taoism, Legalism three aspects; secondly interest litigation for two levels I understood that the first level is the impact of interest rates as a judicial philosophy of first Instance of the ancient Chinese legislative and judicial generated second level is the system summed up as a way of how interest litigation in specific judicial practice It is reflected, including delays, enlightenment, set the "litigation abetting" crimes and mediation.The fourth part of this article is based on <Mengshuizhai cundu> interest litigation cases contained as the basis, based on the previous text analysis and further interpretation of the implied interest of First Instance of the late Ming period features, including the importance pro-lun spirit, hierarchy, taking into account three aspects of reason and law.