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Study On Songshi In Qing Dynasty

Posted on:2018-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:J SunFull Text:PDF
GTID:2346330512990482Subject:legal
Abstract/Summary:PDF Full Text Request
Songshi, the earliest can be traced back to the Spring and Autumn Period, refers to the outside of the court engaged in helping the people on behalf of the word, on behalf of the negotiations, instigating litigation and other legal activities of the legal profession.During the Qing Dynasty, the social economy from the "natural economy" began to transition to the "commodity economy", property liquidity to strengthen the number of civil litigation cases increased, Songshi to meet the then civil needs, developed to a heyday. However, from the existing historical records, Songshi did not get the legal status, nor the people's recognition and respect. For the officials, the litigation activities of Songshi to promote more people through the judicial process to resolve contradictions and disputes, which virtually increase the burden of judicial officials,therefore, the official attitude of Songshi has been negative, and even the introduction of a number of Policy to suppress, control. For the people, although Songshi to a certain extent, to help them participate in litigation, but many times in order to seek compensation to win the lawsuit, will use illegal and extreme means, which makes the people of the professional division of the professional ethics of doubt, So Songshi in the eyes of the public evaluation is not high, even with the "stick" to describe them.At present, most scholars and articles on the Qing Dynasty Songshi are basically the study of the reasons for the existence of lawsuits, official regulation and legal status and other aspects of the study, the value of Songshi are mostly negative. This paper explores the positive role of the Qing Dynasty Songshi and the reference and enlightenment of the development of the modern lawyer's professional system through the social status,legal activity and legal value of the litigants in the Qing Dynasty.The article is divided into three chapters. The first chapter is to define the concept of litigants from the litigation and analyze the social status of Songshi in Qing Dynasty,including the official regulation, the evaluation of the people, and Songshi own views on their own. The second chapter is to explore Songshi help litigation activity content and the influence of the lawsuit. Mainly through the analysis of litigation cases, to instigate litigation and acting on behalf of the three aspects of a profound understanding of the impact of the system to bring it; the third chapter is the innovation of this article,in this chapter we will dig deep into the laws of the Qing Dynasty Value, mainly its positive role in litigation and legal culture, rather than as other articles as blindly deny the benefits of liters, but also for the contemporary lawyer professional system in line with national conditions of experience and opinions.On the basis of the existing articles,this paper uses the method of legal sociology to understand the prejudice of social Songshi from the perspective of legal culture and explore its legal value so as to provide reference and reference for the development of contemporary lawyers in our country.
Keywords/Search Tags:Songshi, The Secret of Songshi, Legal Value
PDF Full Text Request
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