Research On The Judicial Idea Of Quell The Litigation Of "Tajingting Official Document"

“Tajingting official document” is a paperwork written by Xu Wenjun,governor of Jurong County,Jiangsu Province in the late Qing Dynasty and the early Republic of China.It records the handling of cases he accepted during his tenure,that is,from the late Qing Dynasty to the early Republic of China,and reflects the real situation in local judicial practice in the late Qing Dynasty and the early Republic of China,the judicial idea of quell the litigation in the book is even more worth studying.The foundation of the judicial idea of quell the litigation comes from the Confucian thought of "the golden mean" and "no litigation",so Xu Wenjun,who was educated by orthodox Confucianism,will inevitably be deeply affected.In the process of judicial practice,he consciously takes the judicial idea of quell the litigation as the guidance to solve disputes and settle disputes.Based on the documents included in “Tajingting official document”,this paper discusses how Xu Wenjun,a county-level grass-roots official,implemented the concept of interest litigation into judicial practice.This paper consists of four parts.The first part examines and combs the authorship and content of “Tajingting official document”,and introduces the judicial idea of quell the litigation.The second part focuses on the submissions,notices,instructions and court judgments contained in the “Tajingting official document”,and deeply studies how Xu Wenjun,as a grass-roots official,adheres to the judicial idea of quell the litigation to deal with local affairs and engage in judicial practice.From the implementation path of the judicial idea of quell the litigation,there are four main ways: issuing a notice to clarify the ownership of rights to prevent litigation;Carefully approve and present words to reduce the pressure of litigation;Make good use of mediation to solve disputes in a reasonable way;Suppress litigants and punish instigation to reduce litigation.From the perspective of the specific application of the judicial idea of quell the litigation,Xu Wenjun took quell the litigation as the ultimate goal of solving disputes.In the face of different types of cases and disputes,he adopted different quell the litigation modes,such as harmony in marriage and family cases;Settle disputes in the case of Inheritance,and pay attention to the family harmony;Property dispute cases often adopt equitable judgment on the basis of distinguishing right from wrong to resolve disputes;for cases with regional characteristics,we take detailed recordings to suppress the wind of prosecution.In the case of disputes between aborigines and recruit migrants,detailed recording and judgment are adopted to suppress the wind of upper control.The third part is to further analyze the characteristics of the judicial idea of quell the litigation in the “Tajingting official document”.From the judicial practice of Xu Wenjun recorded in the documents,Xu Wenjun,in the heart of a parent official,advised vigilance,flexible handling,reasonable trial,discretion,timely resolution,rapid trial and conclusion,flexibly used various means to resolve disputes,and paid attention to parenthood in the process and results,Pursue harmony,so as to achieve the purpose of settling disputes,stopping disputes and eradicating litigation.The fourth part is to evaluate the judicial idea of quell the litigation in “Tajingting official document”.The judicial idea of quell the litigation has been a traditional legal culture in ancient Chinese society for thousands of years,demonstrating its strong vitality.The study of the judicial idea of quell the litigation has contemporary value,and its ideal pursuit of "no litigation" has certain relevance to the current requirements of building a harmonious society,and is worthy of being inherited and carried forward.But at the same time,we should also pay attention to reflections,taking the essence and removing the dross.