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Study On Family Iitigants In The Song Dynasty

Posted on:2019-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2416330545466001Subject:Legal history
Abstract/Summary:PDF Full Text Request
Since ancient times,the family is a basic part of the society,and the harmony between families is conducive to the stability of the whole society.Among them,the family dispute has the characteristics of general civil dispute is different-confidentiality,namely family dispute is hidden to the outside world and hope that the family to be able to get a secret between family members,in order to reach both can resolve contradictions and to restore our family's internal harmony.The ancient magistrate also had original wisdom in handling disputes between families.In this paper,the basis of material selection is the male book for qingming festival ",the book is China's earliest existing in the song dynasty litigation justice and government documents assembly is the middle and later periods of the southern song dynasty legal system,especially for the judicial practice of study provided valuable material justice.This paper first to the fourteenth volume analysis and sort out all of the case of family internal disputes,summarizes the song dynasty family disputes type,unearthed in song dynasty name male(judicial)and the experience and rule of handling complex family disputes.In the song dynasty,the judge of the song dynasty had a unique judgment on the dispute between the family.In order to achieve the cause of the lawsuit,the name of the duke was tried in different ways for different cases.In order to settle the disputes between the families,the name guild takes the initiative to resolve the disputes between the families and the causes of the lawsuit.Name and flexible use of reasonable method also has a unique wisdom,and for different trial basis also vary,the guild considering the identity of the relationship of the subject of litigation and litigation between mark,so as to take reasonable method combined with the mode of trial and method combined with the mode of trial.For the family disputes between the public and some cases even in the case of the law,even for the sake of the litigation will ask the neighbors to persuade.At the same time,the trial of the case will also adopt the rule of law.Compiled in this paper,from a to 14 volumes case of all cases of dispute between family found a male when hearing disputes between family is also very pay attention to the use of evidence,in the case of half of the cases and use of evidence in the finishing,and evidence for the use of the name and in-depth analysis of the relationship between the evidence and proof of authenticity.Collection of books from the public to clear up the case,and analyze the famous wisdom with original judgment that implement XiSong,no suit spirit,the reasonable method of flexible use,pay attention to the use of evidence.In this paper,the author makes an in-depth analysis of the wisdom of the trial of the public and extracts the enlightenment of the modern society to try the family disputes: the acceptability of the judgment;Flexibility to resolve family disputes;Complex cases are more rational.
Keywords/Search Tags:Collection of pure and bright court verdict made by famous official, Family disputes in the song dynasty, Reasonable method, XiSong, No suit
PDF Full Text Request
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