On The Adjacent Relation From The Qing Dynasty To The Early Republic Of China

China's adjacent relation law has its roots in deep historical and cultural traditions,but also has distinctive characteristics of the times.Historically,there was a neighborhood system that facilitated better control of society,and the regulation of disputes between adjacent real estate relied mostly on folk customary law.Judging from the existing historical data,it is not uncommon for civil lawsuits in different dynasties to cite customary judgments.From an empirical point of view,it can be said that civil custom was an important legal source in ancient China for adjudicating adjacent relation disputes.Based on the research of the predecessors,this article intends to explore the adjacent relation from the Qing Dynasty to the early Republic of China from four parts.The first part outlines the main sources of adjacent relation in China.Civil customs,religious beliefs,and morals are the main legal sources of our adjacent relation.Morality and belief influence the formation of habits.Therefore,the exploration of the development of adjacent relation cannot be separated from civil habits.The second part,through the jurisprudence of the Qing dynasty,specifically explained the content of the adjacent relation at that time.The Qing dynasty was the last feudal dynasty in our country.Whether it is law,economics,politics,culture,it has inherited and developed from previous dynasties.This paper intends to map the epitome of China's feudal dynasty's legal system from the side through the study of the Qing Dynasty,and explore the content and adjustment mechanism of China's feudal dynasty's adjacent relation.The third part focuses on the adjacent relation in the early years of the Republic of China.Because of the particularity of the era,the adjustment of adjacent relation at that time relied mainly on civil customs.Therefore,the article starts from civil customs and combines the provisions of the draft Civil Law,As well as specific cases,analyze the main content of adjacent relation in the early years of the Republic of China,and summarize,classify,and divide the civil customs at that time and specific cases.The fourth part thinks about and explores the adjustment ideas and processing principles of the adjacent relation in ancient China.Although there have been no clear principles for dealing with adjacent relation in ancient China,it is not difficult to see the concepts and principles from jurisprudence and civil habits.The author believes that ancient judges recognized the existence of adjacent right when dealing with disputes in adjacent relation,and advocated mutual understanding,"forgiveness" and "nondisputation" to be "non-destructive and beneficial to others." Dispute mediation is also carried out from the perspectives of favorable production,life,and solidarity.In short,whether it is modern or ancient,the problems of balance conflicts and interests of adjacent relation in daily life are generally similar,and the methods used in mediating adjacent relation disputes provide us with valuable historical experience and moral traditions.