Research On Litigation In Yuan Shi Shi Fan

In the ancient Chinese society,the magistrate is the core characters and key role of dynasty of local government,responsible for the implementation of the decree,the development of local economy,educate the people,maintain a stable task.What they do has a direct impact on the stability of grass-roots society.The Southern Song Dynasty Yueqing county magistrate mining with the Confucian political reason,in this respect,can be described as example.Yuan Cai compiled the Yuan Shi Shi Fan,its people tirelessly counsel clarifies the various criteria,family members live together in peace together,summed up the experience of domestic industrial.This book is rich in content and comprehensive,and has talked about the legal issues of the Southern Song Dynasty many times.Taking the common types of litigation as an example,the first analyzes the causes of legal disputes,and expounds the attitude of local people towards litigation from the perspective of ancient Chinese family concept.the Yuan Shi Shi Fan,can be seen in the Southern Song Dynasty,it is the supreme ruler or local rulers,in order to consolidate power,promote social harmony,he advocated "interest litigation" and "litigation".This paper is based on the understanding of the Southern Song Dynasty,Yueqing mining county magistrate summed up the grassroots legal cases,and he advocated the lawsuit way,to explore the legal thoughts of ancient Chinese people.First of all,there are many ancient Chinese family laws.The most representative ones are the Yan Shi Jia Xun and the Wen Gong Jia Fan.They mainly describe the ancestors' exhortation to their children and grandchildren;the Yuan Shi Fan Fan's exegetical objects and the first two family instructions.Differently,what is extorted is not only the members of the Yuan family,but the people of Yueqing County under the jurisdiction of Yuan Cai are also the object of their admonition.Therefore,customs are their purpose.These customs played a crucial role in the self-cultivation of the common people.The academic circles analyzed the ancient Chinese social customs through research and training and explored civil legal disputes.The rulers of various dynasties have advocated people "lawsuit",in order to maintain social stability;the influence of folk people affected by the objective environment and the Confucianism,the natural formation of "litigation" trend.The Song Dynasty because of productivity,the increasing number of civil disputes,people changed the past "interest litigation" and "litigation","disputatiousness" has gradually become the mainstream way of people to resolve disputes,and reached a peak in the "Jingkang difficult" forced the capital of Song migrated southern.the Yuan Shi Shi Fan pointed out in the book,the lawsuit not only among the ordinary people buying and selling,lending disputes between members of the family,marriage,inheritance disputes,and people between the criminal litigation,and between people and government's administrative litigation and so on.Secondly,in ancient society,the high cost of litigation,the song "disputatiousness" has become a major feature of the society,the form of action is complicated,"have a great social impact disputatiousness" trend,the official advocate "interest litigation" and "no litigation".the Yuan Shi Shi Fan,Yuan Cai expounds Interest Litigation Law: on the one hand between the demands of family members of mutual tolerance and reduce disputes;on the other hand,the official guide "interest litigation" of the law,in order to both reduce disputes,maintain social stability.In addition,the government in the promotion of "under the premise of lawsuit",the lawsuit has been filed in accordance with the law,or dismissed the prosecution,or guidance,or rebuke reconciliation between the two parties dispute the initiator of evil.Finally,comparison of the Yan Shi Jia Xun,the Wen Gong Jia Fan and the Yuan Shi Shi Fan in the lawsuit,the people understand the legal knowledge and attitude can be seen in the official proceedings,the ancient people lack of legal knowledge,officials have the guidance and education,to promote social harmony and facilitate grassroots governance.Based on the research of the legal issues related to the Yuan Shi Shi Fan in the scope of the study can not only broaden the family regulations,has a strong academic significance;and through the Yuan Shi Shi Fan to further understand the legal problems in the society,provide a reference for the grass-roots governance in some aspects.