Survival Perdicament Research Of The Ancient Chinese Songshi

Based on the living predicament of songshi in ancient China as the research object, through the concept of songshi, connotation, character, position and function, and such basic problems as the development course, after combing exploration of survival predicament, and the causes of trouble. Specifically, the article includes the following several parts:The first part, the basic problems of research. At present, the academic study of songshi, however, for some basic problems are still controversial, such as what kind of songshi is who? Encourages the generated by when? Scholars have different views. And these problems is the basis of study of songshi existence dilemma, must be clear. Therefore, the author first carding songshi related issues, a clear definition of the concept of songshi and connotation; Towards the nature, status and function analysis, the development course of songshi review, clear of produce and development of various periods; For the study of basic bedding.The second part, the survival of songshi. From the economic, legislative, judicial, population four aspects discusses the songshi good living conditions in theory, but in fact inhibition of songshi was the official and folk. Official suppression performance on the legislative regulation and judicial banned, who lived almost all formulated the law of the development of songshi, judicial practice, and encourages the trial of participation, writes the system constraints, local officials despised and crackdown, the national behavior made songshi survival difficult. In civil songshi has also been criticized, literature is shaped into greed, image and social role more personalized. Encourages the material living condition is not optimistic, there are three "big difference", the industry as a whole income is low.The third part, the causes of songshi survival plight. In view of the living predicament of songshi, combined with the first part of study on the plight of the analysis. It is concluded that the cause of trouble has three:one is the influence of Confucian legal thought of "no suit" root, "no suit" thoughts and rulers governing idea, therefore, by the ruler, advocate officials also the resulting XiSong concept and enforced in the judicial practice, the people under the influence of the rulers and officials, also form a weary psychology, hostile to songshi. Second is the influence of the system. National system, administrative, judicial, officials are reluctant to tired litigation; Justice is not the examinational focus, cause officials despised; The judicial operation cost is high, officials are reluctant to accepting cases. Folk system, civil mediation under the patriarchal clan system to songshi vocational differentiation, embodied in the clan mediation system, the whole mediation system, a mediation mediation system as well as the conventions form a powerful civil mediation network, a large number of disputes is eliminated in the mediation system, divided the business of songshi. Third, it is to songshi poor quality to take the consequences. Encourages the practice groups lack of access mechanism, personnel composition complex; Professional level is low, lack of professional ethics is a dilemma in the internal causes.The fourth part, the research of songshi survival plight. One, to build a "harmonious society" is not "no litigation"; Second, abandon the traditional, right at the lawyer; Third, to strengthen the construction of lawyers.Based on the Angle of the survival condition of songshi and living circumstances of the anatomy of songshi in ancient society, the social background of songshi survival analysis, it is concluded that encourages survival plight of except related to traditional thoughts on "no litigation", also related to the civil dispute mediation system and encourages their own quality, and that’s what this article want to express.