On The Clan Mediation In The Song Dynasty

Clan mediation is an important part of traditional folk mediation in China.The Song Dynasty was an important turning point in the development of ancient China,and it had a common point with the social transformation period in China at this stage.Therefore,it has important practical and theoretical significance for the study of clan mediation in the Song Dynasty.As one of the traditional ways of dispute resolution in China,clan mediation is based on the concept of “content litigation”,“harmony” and “human feelings” and is rooted in the traditional Chinese society with clanism as its core.With the continuous deepening of the construction of the country under the rule of law,the establishment of a diversified dispute resolution mechanism is imperative.Compared with the traditional litigation dispute resolution methods,the clan mediation in the Song Dynasty is characterized by high efficiency,locality and low cost.It can enrich the structure of diversified dispute resolution mechanisms,provide more diversified forms of dispute resolution,expand the scope of mediation dispute resolution methods,and open up new ideas for modern family dispute resolution,as well as modern diversified dispute resolution mechanisms.The establishment of the provides an important reference.This paper focuses on the type,scope,basis,value orientation and influence of the clan mediation in the Song Dynasty and its reference to modern times.Clan mediation is an important way to resolve traditional clan disputes.The study of the clan mediation in the Song Dynasty not only enriched the form of dispute resolution,but also provided a new solution to the special dispute type of family disputes.Therefore,the study of clan mediation in the Song Dynasty is of great significance.In order to reflect the characteristics of the clan mediation in the Song Dynasty and its important value to the contemporary.The author searches a large amount of information.Through the compilation of ancient books and county records related to the Song Dynasty,it can be known that the main types of clan mediation in the Song Dynasty are patriarchs,relatives and friends,and neighbourhood mediation.These three types of discrimination are mainly based on processing.The main body of the dispute is divided.These three types of subjects act as mediators,and the scope of disputes involves the fields of land,money,and inheritance.By analyzing and summarizing the above-mentioned types and scope-related cases,it can be seen that the main basis for the clan mediation in the Song Dynasty is the national law,the natural and human conditions,and the township regulations.It is further concluded that its value orientation focuses on three aspects: “interest litigation”,“efficiency” and “harmony”.Finally,it summarizes the influence of the Song Dynasty clan mediation on the Song Dynasty and its guiding role in the construction of a modern rule of law society.In summary,the main problem that this paper hopes to solve is the meaning of the clan mediation in the Song Dynasty and the way it operates,thus making up for the shortcomings of the current academic circles in the traditional mediation dispute resolution.At the same time,I hope that in the process of solving the problem,I will provide some shallow suggestions for the establishment of a diversified dispute resolution mechanism in China.