Research On The Trial Of Redemption Cases In Chongqing Jiangbei County(1937 To 1945)

During the period of 1937 and 1945,the skyrocketing prices and devaluation caused by war led to frequent occurrences of forensic redemptions around real estate such as land.In Chongqing,disputes related to redemption are not uncommon.Due to far away from the main battlefield of the war,the civil trails were able to function normally in Chongqing,but the objective environment and legal basis of the civil trials were still affected by the war,which makes values and methods of the trail compared with the war produced a certain change in the redemption trial.Besides the introduction and conclusion,this paper consists of four parts.The first part introduces the social background of the redemption trial.This parts mainly introduces the social background of the trial of the redemption cases from the important financing channels of pawn right and the universality of the exercise of redemption.In the period of 1937 and 1945,The country's recognition of rights of the pawn and the need of society make the way of real estate such as the code of land become an important financing channel for people.On the other hand,the decline in the purchasing power of money caused by the war and decrease in the cost of redemption made the exercise of redemption gradually universal in social practice at that time,and led directly to the increase of redemption cases during this period.The second part introduces the legal basis for the trial of redemption cases.This part mainly introduces introduces the legal basis for the review of the redemption cases in this period from the two aspects related to legislation of redemption and judicial interpretation.In the face of frequent disputes arising from immovable property,such as code land,the courts in the trial insisted on the application of specific provisions on redemption in the civil law which has been formulated and implemented.On the other hand,the supreme court and local high court also issued corresponding explanations as an important legal basis for handing redemption disputes during this period.The third part analyzes the judicial trial practice of redemption case.Combining with the social background and legal application basis of hearing cases of redemption cases and redemption cases files in Jiangbei County of Chongqing,from the disputed obeject of redemption cases,analyze the judicial trial practice of the redemption case in this period.The fourth part is about the overall review of the trial of the redemption cases.The trial of the redemption case in Jiangbei County of Chongqing has a positive side,such as adapting to the frequent occurrence of disputes at that time,paying attention to efficiency in the choice of trial value,focusing on reconciliation in the choice of trial value,focusing on reconciliation in the choice of the law in application of the law.At the same time,it also has a negative side.For example,the emphasis on efficiency in the choice of trial values leads to a high rate of refusals in the case;It emphasizes reconciliation in the trial mode,but it also reconciliation based on the original price redemption,making it difficult for pawnbroker to be satisfied;The strict application of the application of laws is emphasized,but some legal provisions are deliberately ignored in the specific judgment process.These negative aspects directly lead to higher rate of appeal redemption cases during this period.By analyzing the trial practice of Chongqing Jiangbei Court,it will undoubtedly have an important enlightening significance for the contemporary judicial trial.