Research On Wuxian's Property Dispute In The Period Of Nanjing National Government

Property dispute is a part of social disputes,which are maintaining the stability of social relations.In the Republic of China era,with the advancement of legal transformation,legislation integrated into the society and civilian life.Especially in the period of national government,legislation had already become a vital way to cope with the property disputes.As early as at the end of the Qing,legal transformation had already been put into practice,and the system of justice had already been established.After the establishment of the Nanjing national government,the system of justice was be adjusted and the civil code was be perfected.It's property legislation was not the copy of western property law,but the product of further complete in property legislation from the late Qing Dynasty and the early Republic of China.And it is more fit Chinese social practice.On this basis,Wuxian had established local court,which was became the principal organ of property dispute's judgement.So the improvement legal system provided the basis for the property disputes' disposition.This article classifies property disputes by the historical documents of Wuxian local court,it can be classified debt dispute,tenement dispute,soil dispute,family property dispute and so on.Owing to the advanced economy of Wuxian area,the number of debt dispute is topped the list.In the meantime,property disputes reflect the social situation of Wuxian area.In juridical practice,the disposition of property disputes by Wuxian local court was following legal rules and progress to the normalized and institutionalized direction.And through further exploration,we can find that the disposition of property disputes by Wuxian local court appear two characters.The first characteristic is that institution and juridical practice are different,and the second is that compromise prior to judgment when local court deal with property disputes.It is because of the complexity of society and the lack of judicial outlay.When western legal system was transplanted to Chinese society,society and law,institution and practice were all interact with each other.Although juridical practice had some drawbacks in the area of Wuxian,and indicates that there were some gaps between institution and juridical practice.However,the generation of law normalizes people's behavior and maintains the stability of society,and the development of Nanjing national government's legal institution was important to the case of property disputes.At the same time,it also makes the law localize and modernize.Therefore,advantages and disadvantages of Nanjing national government's legal institution can provide some experience for today's modernization of law.