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China did not lack the civil action since old times, as early as in pre-Qin time, had has engraved on the bronzeware the civil action case, but at that time merely limited between the Slave-owning aristocracy, Zhou Wang implemented not the equal protection to Slave-owning aristocracy’s lawsuit right; To the Qin and Han Dynasty time, the civil action main body expanded, involves to social each social stratum, but was not limits again between pre-Qin period’s Slave-owning aristocracy, the Qin dynasty took the law, Han Dynasty legal system method thorough, caused more and more ordinary civilian’s houses to dare the lawsuit; Develops the Sui and Tang dynasties time, its, because civil dispute’s increase, the ruling class starts to note the civil legislation, enabled common people’s civil action to have the legal safeguard, its civil right of suit also tended the standardization, presented "Tang Lvshu To discuss" the such national basic big law. Sung Dynasty commercial prosperous, ultramarine trade’s expansion, the private ownership deepened day by day, has initiated the economic interest multiplication and the social relations diversification. Expands unceasingly by the merchant and handicraftsman’s resident social stratum primarily, the individualism tendency and democratic appear in the residential social stratum, populace’s Uygur power consciousness awakens, in addition the Sung Dynasty ruling class takes the law, takes seriously to enhance the judicial government official’s legal education, Sung Dynasty taxi doctor the social stratum also has "is concerned first about the welfare of all, enjoys the fruits after the people do" people this thought that takes seriously to common people’s civil right of suit. Therefore, Sung Dynasty’s civil action to increase greatly, its civil right of suit also greatly is the enhancement.This article is mainly divided several social strata to the Sung Dynasty civil right of suit’s performance shape to carry on the elaboration. Mainly divides into:1 st, woman right of suit performance shape:Mainly has to the unfilial descendants’ lawsuit power, maintains the private property the lawsuit power, maintains the personal rights the lawsuit, the divorce suit several aspect contents; 2nd, the private manpower, female causes the right of suit the performance shape; 3rd, farmer right of suit performance shape:Mainly divides into maintains the personal freedom the lawsuit power, maintains the land ownership the lawsuit power, requests to reduce the farmland rent the lawsuit power, the standard agriculture "the service limits" in lawsuit power and right of suit several aspects; 4th, merchant right of suit performance shape; 5th, Buddhist monks and Daoist priests right of suit performance shape: Mainly divides into between the temple interior, clergy’s prosecution, the Buddhist monks and Daoist priests and the common custom landed property lawsuit, the Buddhist priest and the common custom debt lawsuit; 6th, the bold people and the petty official abuse the right of suit the performance shape; 7th, the family is junior the right of suit performance shape; 8th, disabled person right of suit performance’shape. About the Sung Dynasty civil right of suit’s prominent change is the right of suit open and the straight right of suit and the appeal right standardization. Before Sung Chu still followed, the generation of legal tradition, forbids the populace to appeal a case jumping channels, but to the Northern Sung Dynasty last years, because the political situation is turbulent, the administrative style and achievements of local officials are corrupt, extort taxes ruthlessly, the illegal branch people, have initiated the land’s the peasant uprising. In this case, north the Emperor Huizong in Sung dynasty opening remarks appeal a case jumping channels the gate, the legal rule which the Southern Sung Dynasty appeals a case jumping channels increase day by day, objectively expanded common people’s lawsuit right, promoted the social productive forces development, society’s progress. But Sung Dynasty’s legislation also increased to the civil right of suit protection dynamics. in brief, historical development Sung Dynasty, because in its judicial lawsuit’s open idea spirit and the humanist judicial characteristic, had decidedSung Dynasty good disputes the wind appearance and the Sung Dynasty civil right of suit enhancement.
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