The Study On The Mediation Of Civil Disputes In Qing Dynasty

The system of mediation within the litigation in civil disputes in the Qing Dynasty is what we called the " counties mediation",which is one of the important ways to solve civil disputes.The traditional mediation thought is an important part of ancient Chinese legal culture and it plays an important social function in judicial practice.At present,many scholars in our country have conducted extensive research on mediation system,while on the whole,the theoretical analysis occupies a large proportion,and the related cases and materials lacks of some in-depth research.In this article,we will take "SanYiZhiLue",which is known as a book to study civil mediation.In the verdict,we can find that nearly 90% of the cases are civil disputes,including 48 cases of land dispute cases,but there are 30 cases were settled down throughmediation.84 cases of marital and family disputes and there are 66 cases among them were handed over.26 cases of money and debt disputes and there are 18 cases were tackle down.14 cases of relatives and neighbourhood were all settled down through mediation.This shows that 80% of civil cases are settled down by mediation.What's more,there are 31 some other kinds of cases,among them25 cases were mediate at last,with some minor criminal cases.It can be seen that mediation is a prior way to solve civil disputes,which can fundamentally solve the contradiction between the two parts,save judicial resources and improve its efficiency of litigation.At the same time,it can maintain a harmonious family relationship.I think the county magistrate in qing dynasty used mediation to settle civil disputes,and the process of adjudication was not the same as the way in which our contemporary judges dealt with cases.When state county magistrate judge often applicable statutes and reasonable,and in the process of analysis and solve the case without the use of clear boundaries,they focus on how to resolve disputes in the most convenient way,thus achieve the goal of maintain local social stability and harmony.In fact,under the value orientation of resolving conflicts and guaranteeing social stability,the county magistrate can try various ways and methods to achieve this purpose within his or her own responsibility.Which shows that the phenomenon is that in the applicable law can be fully when handling a case,the state county magistrate will usually resolve the dispute in accordance with the provisions of the statutes,and when the statutes imperfectly,to propose solutions to the real situation,the state county magistrate will naturally in other ways,such as mediation to resolve disputes,eliminate the contradiction between both parties.Therefore,it can be widely used in practice.At present,some Chinese legal scholars are also constantly pay attention to the mediation way of positive significance to solve the problem of contemporary law,such as mediation,malfeasance,social problem how to governance,etc.At the same time,the state county magistrate in the qing dynasty in the mediation of civil disputes settlement in handling cases in time,reduce the dispute from the source to produce such aspects as plays a positive role which cannot be ignored.For us to improve the contemporary diversified dispute settlement mechanism also has some inspiration role undoubtedly.And the mediation mechanism of resolving dispute in the qing dynasty is has certain drawbacks,we should be modest criticizing and abandon.We should seek a solution to the problem of the mediation system defect multi-azimuth continually study its theoretical significance and practical significance,it fit correctly in the judicial practice of specific applications.At the same time,we should insist on perfecting the legal history research methods,rich legal history research problem,expand the thoughts on legal history perspective.Development and attach importance to set up diversified research way,seek more new ways to solve the problem of law.