A Study On The Market Dispute Settlementmechanism In The Qing Dynasty Seen Fromthe Kongfu

During the Qing Dynasty,the rulers treated the Kong Fu with more kindness than the previous dynasties.Therefore,the Kong Mansion gradually developed into a special aristocracy with political,economic,legal and other privileges.The Kong Mansion market was built on its own large scale of land.The Kong Mansion managed and taxed the market,and established the market management system of "Yan Shenggong-Guan Gou-tun official-broker".However,in order to maintain the Qing government’s supervision and restriction on the power of the Kong Palace,the power mediation and interest competition between the Kong Palace and the local government,and the chaos of the market management system of the Kong Palace,the market disputes emerged one after another.Therefore,in the Archives of the Kong Palace,which records the history of the Kong Palace,the handling of many dispute cases was recorded in detail.Through the typical cases of the Qing Dynasty Kong Fu market dispute,this paper summarizes and combs the unique ways of the Kong Fu market in the settlement of the market dispute case,in order to give a panoramic presentation of the legal operation of the Qing Dynasty Kong Fu market dispute settlement,so as to obtain the historical and practical significance of the Kong Fu market dispute settlement mechanism.To be specific,the settlement of the market disputes in the Qing Dynasty was characterized by the characteristics of the Qing Dynasty.In addition to the civil mediation and the participation of the local government,the role played by "the government of the Qing Dynasty" could not be ignored.The mechanism of dealing with market disputes also reflects the special "judicial power" of Kong Prefecture,the existence of right mediation between Kong Prefecture and the local government and the characteristics of mild handling.The author puts the trial of the disputes in the market of Confucius Palace into the historical context of the regional society,and draws the conclusion that the civil trial system of Qing Dynasty has the characteristics of localization,and emphasizes the role of civil mediation in the specific judicial operation.Based on this,the author draws the practical significance which can be used for reference in the construction of the modern rule of law.In addition to the introduction and conclusion,there are five parts.The first part: the establishment and management of the Qing Dynasty Kong Mansion market.As the background of the case analysis of the Kong Fu market dispute,the introduction of the establishment,classification,management system and the way of taxation of the Kong Fu market.The second part: the types of market disputes in the Qing Dynasty.According to the different causes of disputes,the dispute cases are divided into three types: hegemony and disturbance of the market,competition for the management right of the market and private market.The complete and typical cases in the archives of the Confucian Government are selected for classification and interpretation,and the deep reasons behind the disputes are analyzed.The third part: Qing Dynasty Kong Mansion market dispute settlement mechanism.This part will explore the legal operation mode of dealing with disputes in the Kong Fu market,which is divided into three ways: civil mediation,litigation of local government yamen and mediation of "Kong Fu Yamen",and then summarize and extract the main characteristics of the processing mechanism.The fourth part: the historical thinking of the Qing Dynasty Kong Mansion market dispute handling mechanism.Based on the study of the dispute handling mechanism of the Confucius Palace market,the legal system of the Qing Dynasty is explored,and the historical thinking of the "localization" characteristics of the operation of civil litigation law,the important role of mediation and the Qing government’s supervision and balance of the noble privilege is concluded.The fifth part: the enlightenment about the dispute handling mechanism of the market in the Qing Dynasty.On the basis of summarizing the above,combined with the modern social dispute settlement related legal issues,summed up the enlightenment to the Kong Fu market dispute settlement mechanism,which can be divided into emphasizing the application of local folk customs to civil dispute settlement,emphasizing the value and role of civil mediation in the modern diversified dispute settlement mechanism and optimizing the new management mode of modern market.