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A Study On The Dispute Of Tianzhai In The Song Dynasty In Yuan Shi Shi Fan

Posted on:2018-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2356330518485407Subject:Law
Abstract/Summary:PDF Full Text Request
Yuan clan hereditary rules is honored as the second famous family instruction works,which involves a lot about the house transactions,transaction disputes and the settlement of the provisions of this article aims to proceed from the legal level,the study of"Yuan clan hereditary rules "reflected disputes over the Song dynasty.This paper takes the content of land transactions and litigation in "Yuan clan hereditary rules "as the object of study,through the in-depth study of historical materials,comprehensive use of history,case analysis and other methods to explore the types of disputes in the Song Dynasty,dispute resolution and cause.According to the main body of the dispute,Song Dynasty houses disputes generally occur between ordinary people,between families,between officials and masses,between monk and secular.Song Dynasty house disputes have their salient features,mainly in two aspects:frequent disputes,the scope of the main expansion of the dispute.In the face of the emergence of good lawsuit,the Song Dynasty from top to bottom there is a more detailed dispute prevention mechanism.In the way of dispute resolution,the Song Dynasty has three kinds of means:legal,Confucianism and gods.Song officials in dealing with property disputes,the law is not the most important rules they want to consider,how to achieve "rational law" of unity,is their purpose.On the other hand,the Song Dynasty,especially the Southern Song Dynasty,folk religious beliefs and disputes and their close relationship.At the same time,the parallelism between folklore litigation thought due to the privatization of land and the litigation thought suppressed by the government is also a significant and unique phenomenon of the Song Dynasty society.
Keywords/Search Tags:Yuan clan hereditary rules, the Song Dynasty, disputes of houses, disputes precaution, disputes settlement
PDF Full Text Request
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