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The Study on Lawsuits of Farmland and House in Late Ming Dynasty

Author: HeJun
Tutor: HuoCunFu
School: Jilin University
Course: Legal History
Keywords: Ming Dynasty Tianzhai contentious Civil litigation system Litigation Conceptions
CLC: D929
Type: Master's thesis
Year: 2006
Downloads: 143
Quote: 0
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Abstract


The litigation could show the economic system and economy life directly. The operation of litigation may reflect an economy life indirectly .The economic system and the economy life are the reasons why the litigation can start with and end up. In a society that the merchandise economy sprout, the quantity and level of a civil litigation symbolize the advanced society, a more flourishing city civilization .The litigation fact in traditional China is that there is no litigation code .All problems that this paper attempts to reply is that how the farmland and house litigation exists, how its value and function are, how its independence and authority are, particularly about the civil litigation fact relating to economy closely.This analysis begin with the litigation object ,goes deep into corresponding economic relation, then scoop out the request from these economic problems in the litigation activity and procedure of solving them. Finally are the social reasons of this kind of litigation appearance and the trend of the litigation.The first section is the general understanding to the farmland house lawsuit, including the understanding of the ancient judge and the understanding of the contemporary researcher. This part is to explain the complexity of the civil lawsuit, which exists and grows up in a legal system dropping -lawsuit and no -disputing lawsuit.The second part is describing the basic outline of the farmland and house litigation in Mengshuizhai Cundu .It is mainly from the objects and subjects in the litigation relation, economic relation in lawsuit, the transaction habits cited in case and the related system of country such as field administration system and evidence system .I attempt to analyze each aspect

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CLC: > Political, legal > Legal > Chinese law > Chinese Legal System
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