Research On The Mechanism Of Land Dispute Resolution In Ba County In The Mid-Qing Dynasty

Chinese traditional economy is a self-sufficient small farmer economy.The common people have relocated and live in an acquaintance's native society.In such an agricultural society,land is the main factor of production and foundation.Making a general survey of the judicial documents in the archives of Baxian,the author found that among the ten words,the land was in its sixth and seventh.In the traditional agricultural society,land disputes are the most common disputes.Baxian archives record civil contracts related to land disputes,such as tenancy agreements,sale and purchase agreements,and lease agreements;there are also official judicial documents such as petitions,confessions,knots,bonds,and interest;Besides,there are also a large number of Official notice.Through sorting out,we can see that although the land dispute settlement mechanism was applied to laws and regulations of the Qing Dynasty such as the "Law of the Qing Dynasty" and "The Law of the Ministry of Households".In addition to filing a lawsuit,it also relied on the private subjects to mediate the disputes,such as neighbours and covenants.Some disputes were told to the government,and the government would approve civil mediation as appropriate.It can also be seen from its settlement mechanism that the actual interaction between national law and customary law in the Baxian area in the middle of the Qing Dynasty.In the Baxian area under the rule of the Qing Dynasty,national law and customary law worked together to produce an appropriate land dispute settlement method,which reflected the local land transaction process at that time,as well as the conflict and integration between imperial law and village rules.Apart from the introduction and conclusion,the article is divided into four parts.The following is the specific content of each part:The first chapter discusses the types and causes of land disputes.By sorting out the contract documents for the two land transactions,the land disputes are divided into three categories,namely,disputes over rent,sales,and pawns.Combined with official judicial documents such as complaints and petitions,the authors summarized their respective causes,such as the dispute between the host and the guest about the rent.The second chapter discusses the characteristics of land disputes.Due to the unique nature of land,land disputes are local and occur between acquaintances.Andland is the main capital that people rely on for life.Contradictions can easily intensify and escalate,even involving human lives.In addition,disputes have the characteristic of recurrence.The third chapter discusses the settlement mechanism of land disputes.National law and village rules are indispensable in the process of dispute settlement.The subject of a dispute often uses a combination of private power,civil mediation,telling,and official approval of polls.Chapter IV makes a dialectical evaluation of the land dispute settlement mechanism.Its diverse solution mechanism was in line with the local social and cultural background at the time,but it also had its limitations.