Research On "Just Person" In The Late Qing Dynasty And The Republic Of China

In the late Qing Dynasty and the republic of China,the "just person" was a third party who could solve the disputes by adhering to the idea of fairness and justice Since modern times,with the development of industry and commerce,both the number and type of civil and commercial disputes have shown an increasing trend.In order to cope with this situation,diversified dispute resolution subjects outside the litigation process emerged,and the "just person" during the late Qing Dynasty and the republic of China was one of them.The "fair" or familiar with local customs,effectively solve the bottoms of the family,land building civil disputes,debt,or understand commercial rules and habits,efficient processing business subject between order,business owe,ply,brands,and many other types of disputes,effectively resolve the contradiction,in the modern civil and commercial dispute resolution has played an important role.During the period of the late Qing Dynasty and the republic of China,the "just person" was an important subject to solve disputes outside the litigation,and was a third party to solve disputes outside the parties.In case of civil and commercial disputes and the dispute on both sides will often choose countrymen "justice",the same kindred "justice" or trade "justice" the dispute mediation and broken,the "fair man" both familiar dispute parties to local laws and regulations,customs and habits,and flexible use of mediation and the way of principle of fair dealing with disputes By looking up and finishing some documents and some newspapers data during the period of the republic of China in the late Qing Dynasty,found that during the period of the republic of China in the late Qing Dynasty "justice" of civil and commercial disputes are diverse,mainly including the family disputes in civil disputes,the land property disputes,debt disputes,such disputes in business transactions order disputes,merchants owe disputes,and ply disputes,the bill disputes,trade disputes,insurance disputes,brand disputes,copyright disputes such as commercial disputes.The settlement of disputes generally follows the three procedures of starting,proceeding and ending.In judicial practice,according to the differences of specific cases,this set of procedures is operated partly or completely.The effect of the dispute is the difference between mediation successfully settled the case,mediation does not have to be dealt with separately two kinds.The settlement of civil and commercial disputes under the leadership of "just man" in the late Qing Dynasty and republic of China not only played a very important role in the settlement of civil and commercial disputes at that time,but also had an important reference value for the development and improvement of modern diversified dispute resolution mechanismTo sum up,the research on "just person" and their civil and commercial dispute resolution in the late Qing Dynasty and republic of China period can enrich the multiple dispute resolution subjects outside the litigation process in the late Qing Dynasty and republic of China period,and provide some Suggestions for the improvement of the litigation and adjustment docking mechanism,the acceleration of multiple dispute resolution,and the promotion of community-level social governance and industrial governance.