Research On The Official Conciliation System Of The Qing Dynasty In The Cases Reports From Seven Famous Qing Dynasty Local Officials

The ancient Chinese local officials handled the "Civil litigation" in order to settle the dispute,and the common procedure was trying to mediate and persuade the parties to bury the hatchet.Although the conciliation procedure was not stipulated in detail at the Qing Dynasty national legislation,they still played an important role in the judicial practice at the grassroots level.The government of the Qing Dynasty had three ways to mediate: mediation on courts,civil mediation authorized by governments and civil mediation accepted by the government.Now the academic circles have reached a consensus that the government conciliation was mainly use to address civil litigation.But occasionally,considering the social influence(the consequence resulting from harsh penalties),the special relationship between the offeders and vicims,some individual criminal cases also ended with mediation.In addition,there was a join procedure bridge the three models of the official mediation,which means they were not completely isolated from each other.By this way,the official mediation system could integrate the state and the folk conciliation resources,and druw on wisdom of folk mediators.And the civil disputes could directly control by the jurisdiction of State power.This was not only conducive to macro-governance at the national level,but also easy for local judges to achieve the judicial effect of the case with the help of folk wisdom.For the current judicial practice,it still has a very important reference significance.The handling of civil cases in the Qing dynasty was not officially recorded,so it was necessary to study the adjustment system of the state and county officials from the existing Qing dynasties case slips.The paper analyses the civil cases in the " Cases reports from seven famous Qing Dynasty local officials " and combs the concrete forms,the bridging procedures between different modes and the scope of application of the official mediation.There were civil cases from the early and middle of Qing Dynasty county officials,like Yu Chenglong,Yuan Zicai,Zhang Chuanshan,Hu Linyi,Duan Wuqiao,Zeng Guofan,Li Hongzhang,and 75 of the civil disputes had been mediatied.They attached so much importance to the civil mediation,not only because these ways had their roots in the basic judicial environment at that time,but emperors also advocated the civil mediation.In the Qing Dynasty,the key to solve the civil detail was no longer how to create a new way to solve the dispute,but how to integrate the State institutions with the folk resource effectively,so as to make good use of both two social resources.According to the summary of the contents of the slips of the county officials in the Qing dynasty,they not only uphold the traditional judicial concepts such as factual argumentation,legal analysis,dispute resolution,reasoning and interpretation,but also paid more attention to the use of judicial wisdom to solve difficult cases,resolve family disputes with ethics and special situations for special treatment.The ancients judicial experience is still worthy of reference of the current legal practitioners.