The Study Of Folk Litigiosity In The Ming And Qing Dynasties

During the Ming and Qing Dynasties,commodity economy has a rapid development,a Civil rights awareness gradually increased,and litigation activities also increase d.Farmland dispute and legal case of life can be often seen.For safeguarding their own rights and interests,folk people used lies,vexatious suits,suicide and fighting with weapons to achieve the purpose of winning the lawsuit.The social reality of civil people keens on litigation produce contradiction to the attitude of official for decreasing litigation.On the one hand,the judicial officials insist on the social education without lawsuit since ancient times,on the other hand,they suppressing lawyer industry for solving the disputation in folk aspect,showing the characteristics of the integration of judicialtrial and reason law in the Ming and Qing dynasties.This thesis is divided into five chapters:The first chapter is the introduction.It mainly introduces the research background,the significance of the research and the current situation of research at home and abroad for the Ming and Qing dynasties.The second chapter analyzes the status of the Ming and Qing Dynasties litigious phenomenon.The development of commodity economy went beyond the past dynasties in Ming and Qing Dynasties and the population were growing rapidly and there was increasingly prominent contradiction between man and land and the relationships we remore complex which meat that civil conflict was inevitable.The litigation activities were mainly concentrated in the land dispute cases and life cases.For winning the lawsuit,folk people used lies,vexatious suicide and fighting with weapons to achieve the purpose.The third chapter mainly analyzes the causes of folk litigiosity in Ming and Qing Dynasties.The perfection of the laws and regulations of the dynasties of Ming and Qing provided the basis for the lawsuit.The development of the commodity economy also led to an increasing dispute and lawyers promoted the prevalence of litigiosity by helping instigate and abetting litigation.In addition,the rapid growth of the population,the conflict between the soil and the customs,folk customs are also one of the factors that influence the increase of litigation in Ming and Qing dynasties.The fourth chapter focuses on the analysis of the stop litigation strategy adopted by local authorities according to the litigious fashion.Social education without lawsuit let the ordinary people despised and been ashamed to have litigation.They suppressed lawyers for achieving the purpose of stopping litigation and local judicial officials encourage mediation in judicial practice through clan mediation,neighbors' mediation,civil mediation and official civil mediation for keeping people away from litigation.The fifth chapter summarizes the realistic thinking brought from the litigious phe nomenon of the Ming and Qing Dynasties.Litigious phenomenon had pounded the feudal judicial system in Ming and Qing Dynasties and improved legal consciousness of folk people and let the people actively participate in the litigious a ctivities.At the same time,it impelled judicial officials in Ming and Qing Dynasties to deal with disputes in trial practice more carefully,to constantly improve the rules of procedure and to correcting trial mechanism for promoting the reform and perfection of the feudal judicial system which has certain reference function to the construction of socialist harmonious society.