明清时期民间好讼研究

发布时间：2018-06-28 00:23

本文选题：明清时期 + 好讼　；参考：《江苏大学》2017年硕士论文

【摘要】：明清时期,商品经济快速发展,民间百姓的维权意识逐渐提高,诉讼活动日益增多,田土纠纷和人命案件屡见不鲜。民间百姓热衷于诉讼活动的社会现实与官方息讼止讼的态度产生了矛盾,一方面司法官们主张通过社会教化以达到息讼止讼的目的;另一方面打压讼师行业,并致力于将纠纷以调解的方式止于民间,展现出明清司法审判情理法相融合的特色。本篇论文共分为五章:第一章为绪论。主要介绍了论文的研究背景、研究的意义以及针对明清好讼的国内外研究现状。第二章分析明清时期民间的好讼现状。明清时期,商品经济的发展超越了以往的历代王朝,人口数量急剧增长,人地矛盾日益突出,人际关系更加复杂,民间百姓矛盾纠纷在所难免。诉讼活动主要集中于田土纠纷和人命案件,为了赢得官司,民间百姓大多采用谎状、缠讼、自杀、械斗等诉讼策略。第三章主要分析了明清时期民间好讼的成因。明清两朝法律法规的完善为诉讼活动提供了依据,商品经济的发展导致纠纷增加,讼师的助讼唆讼客观上也推动了好讼之风的盛行。此外,人口的迅速增长、土客之间的冲突、民风民俗等都是明清诉讼增加的影响因素。第四章重点分析了明清时期官府针对好讼之风所采取的息讼策略。明清政府试图通过社会教化让百姓贱讼耻讼,并打压讼师行业以达到息讼的目的。地方司法官在司法实践中鼓励调解止讼,通过宗族调解、乡邻调解、民间调解以及官批民调等方式化解纠纷,让百姓远离诉讼活动。第五章总结了明清好讼现象引发的现实思考以及对当代社会的借鉴意义。好讼现象冲击了明清司法制度,提高了民间百姓的法律意识,让百姓积极地参与到诉讼活动之中,也促使明清司法官员在审判实践中更加谨慎的处理纠纷,不断完善诉讼规则、矫治审判机制,促进了封建司法制度的改革和完善,对当今和谐社会的构建也有一定的借鉴作用。
[Abstract]:During the Ming and Qing dynasties, the commodity economy developed rapidly, people's awareness of protecting rights gradually increased, litigation activities increased day by day, land disputes and human life cases were common. The social reality of the people's enthusiasm for litigation activities is in contradiction with the attitude of the official litigation and litigation. On the one hand, the magistrates advocate that the purpose of interest litigation and litigation be achieved through social education; on the other hand, they suppress the profession of litigation. And dedicated to the mediation of disputes in the civil way, showing the Ming and Qing dynasties judicial justice law fusion characteristics. This paper is divided into five chapters: the first chapter is an introduction. This paper mainly introduces the research background, significance and research status at home and abroad for good litigation in Ming and Qing dynasties. The second chapter analyzes the current situation of civil litigation in Ming and Qing dynasties. During the Ming and Qing dynasties, the development of commodity economy exceeded the previous dynasties, the population increased rapidly, the contradiction between people and land became more prominent, the interpersonal relationship became more complex, and the contradictions and disputes among the people were inevitable. Litigation activities mainly focus on land disputes and human life cases, in order to win the lawsuit, the folk mostly use lie, entangled litigation, suicide, armed fight and other litigation strategies. The third chapter mainly analyzes the causes of civil litigation in Ming and Qing dynasties. The perfection of laws and regulations in Ming and Qing dynasties provided the basis for litigation activities. The development of commodity economy led to the increase of disputes, and the help and abetment of litigants objectively promoted the prevalence of good litigation. In addition, the rapid growth of population, the conflict between natives, folk customs and so on are all the factors affecting the increase of litigation in Ming and Qing dynasties. The fourth chapter focuses on the analysis of the Ming and Qing dynasties, the government against the good litigation strategy. The government of Ming and Qing Dynasty tried to make the people dishonor litigation through social education, and to suppress the profession of litigation in order to achieve the purpose of interest litigation. In judicial practice, magistrates encourage mediation to stop litigation, resolve disputes through clan mediation, township mediation, folk mediation and official opinion polls, so as to keep the people away from litigation activities. The fifth chapter summarizes the Ming and Qing Dynasty good litigation phenomenon triggered by the practical thinking and contemporary society reference. The phenomenon of good litigation impacted the judicial system of the Ming and Qing dynasties, raised the legal consciousness of the common people, let the people actively participate in the litigation activities, and also urged the judicial officials of the Ming and Qing dynasties to handle disputes more carefully in the trial practice and to constantly improve the rules of litigation. Rectifying the trial mechanism has promoted the reform and perfection of the feudal judicial system, and also has certain reference function to the construction of the harmonious society.
【学位授予单位】：江苏大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929

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