Research On Land Dispute Resolution Mechanism In Lu’an Area In Ming And Qing Dynasties

During the Ming and Qing Dynasties,Jiangnan area had a prosperous economy and frequent land transactions,which resulted in a developed land dispute resolution mechanism.The land dispute settlement mechanism in Lu ’an area of Anhui Province in Ming and Qing Dynasties is typical and has its own particularity.Taking this as a special context,we can explore the land dispute settlement mode in the middle and lower reaches of the Yangtze River in Ming and Qing Dynasties,and provide enlightenment and reference for perfecting the current rural land dispute settlement mechanism in China.At present,the legal historians have made in-depth research on the dispute resolution mechanism,the judicial trial of land disputes and the types of land disputes in Ming and Qing Dynasties,but from the local research point of view,the research on the land dispute resolution mechanism in Lu ’an area in Ming and Qing Dynasties still needs to be carried out.The settlement mechanism of land disputes in Lu ’an area in Ming and Qing Dynasties has dual legal basis.First of all,from the perspective of national laws and regulations,the laws of Ming and Qing dynasties have made corresponding institutional provisions on the settlement of land disputes,including the treatment of the ownership of wasteland in Ming dynasty,the regulation of land transactions,and the substantive and procedural provisions of Qing dynasty.At the same time,the rich land habits and folk autonomy culture in Lu ’an area in Ming and Qing Dynasties also provided folk law basis for land dispute settlement mechanism.There are three main modes of land dispute settlement mechanism in Lu ’an area in Ming and Qing Dynasties,namely,official trial mode,folk mediation mode and litigation-mediation integration mode.The official trial has the characteristics of legalizing the scope of accepting cases,standardizing the trial procedure,enforcing the judgment and moderating the punishment means.The folk mediation mode can be divided into three categories: mediation between the old and the old,mediation between the middle people,and clan mediation.The mode of litigation-mediation integration,also known as the mode of litigation mediation,has gone through government litigation,but the government finally came forward to solve land disputes with the help of non-governmental forces.In the settlement of land disputes in Lu ’an area in Ming and Qing Dynasties,the total number of cases that solved land disputes through civil mediation mode and the integration mode of litigation and mediation far exceeded the official trial mode,accounting for the vast majority.The operation of the land dispute settlement mechanism in Lu ’an area in Ming and Qing Dynasties is relatively effective.It not only promotes the formatting and standardization of land contracts,but also clarifies the land ownership and handles a large number of pawning rights disputes.The disposal principles of land dispute settlement mechanism in Lu ’an area in Ming and Qing Dynasties include balance of interests,fairness and reasonableness,public order and good customs,etc.The land dispute settlement mechanism in Lu ’an area in Ming and Qing Dynasties provides a good idea for the current rural land dispute settlement mechanism in China.First of all,we should promote the diversification of land dispute resolution subjects;Secondly,we should improve the land arbitration system;Thirdly,it is necessary to strengthen the characteristic construction of judicial relief for land disputes;Finally,we should respect land customs and folk authority.