Probe On The Procedure Of Civil Mediation Of County Officials In Qianlong Period

Mediation system is an important part of traditional Chinese law,playing a unique role in the litigation procedure.This is related to the separation and parallel of the statute law and the folk law in the traditional Chinese law.In the local judicial practice,the folk mediation and the county mediation belong to the mediation system,both of which partly reflect the cooperation mode of the statute law and the folk law.In addition,the mediation system is closely related to the traditional legal ideas.The non-litigiousity and the super-litigiousity depend on the writer's personal value judgment at the moral and reality.Placed at the government level,The behaviors such as easy litigation,entangl litigation and instigate litigation are all geared to super-litigiousity.In contrast,the government will promote non-litigiousity through various means like legal propaganda.From the perspective of local literature,litigation in a certain area is related to local economy,folk custom,government's ability and attitude of litigation.From the Zhou Dynasty to the Qing Dynasty,there was a mediation system in the traditional Chinese litigation all along.In this long process,besides the core features of confrontation between the two parties,and the third party mediate reconciliation,the change of mediation subjects and official attitudes is the focus.The mediation in the procedure with the participation of the judicial organ,the traditionallocal government,is called the official mediation.In the Qing Dynasty,the most basic local government can not escape from the scope of the county,so it is more appropriate to call the county mediation.The Qianlong period is the mature period in law of the Qing Dynasty.With the Great Qing Legal Code made by imperial order in the fifth year of Qianlong as the symbol,it inherited the achievements of absorbing the Ming Dynasty law in the early,and on this basis opened the legal perfection of the later Qing Dynasty.Showing in the county mediation,the mediation basis before and after the Qianlong Dynasty presented different tendencies,and the transformation of mediation in the litigation became more smooth and perfect.In the local judicial system of Qing Dynasty,the county mediation was included in the local litigation system and was a part of the litigation process.In the process of county litigation procedure,county mediation are interspersed,which is still a flexible application compared with the modern mediation system.In the dispute settlement mechanism of Qing Dynasty,the county mediation played an important role because of the particularity and authority of the mediation subject and the flexibility of application in the proceedings.To a certain extent,it solved some defects of the folk mediation and the county trial,was widely applied in the self-care cases of county in Qing Dynasty.In the judicial background at that time,facing self-care cases,the county officials have the right of independent choice to mediate or try,which runs through the whole process of the case.Mediation and trial are parallel choices,which can both be applied in solving disputes,embodying in the transformation between them.