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On The Aged Mediation In Ming Dynasty

Posted on:2013-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:K HuFull Text:PDF
GTID:2235330371999702Subject:Legal history
Abstract/Summary:PDF Full Text Request
Mediation in China is of long standing, ancient China includes the mediation of a variety of styles, mainly include civil mediation, and officials and Poll officials approved mediation three categories.The folk mediations in Chinese antique society were composed of country mediation, phyla mediation and neighborhood mediation, country mediation is a kind of "Semi-official " mediation system. Old men mediation belong to country mediation, it played an important role in the grass-roots social disputes in early Ming Dynasty, and become statutory provisions as a means of dispute resolution in "Jiao Min drew". Although "Jiao Min drew" was later repealed, but the semi-official nature of the dispute resolution has been recognized by the people, and its spirit has been accepted.According to own experience and understanding on the nation and the grass-roots society relations, Zhu Yuanzhang summarized the Previous history and set up a Management system, that is the old men mediation system. Under the big background of the whole Ming Dynasty, this text investigated the old men mediation system’s whole process:creation、development and change. This paper first analyzes the engenderment of the old men mediation system. Zhu Yuanzhang established Shen Ming Ting in the early Ming. The upright old men are elected by the people to resolute disputes in order to educate people. Then second part introduces the basic content of the old men mediation system. This part based on some of the historical materials in Ming dynasty. Through the dispute settlement body, dispute resolution range and dispute settlement basic principles to analyze the old men mediation system in early Ming Dynasty. The third part based on some of the contract documents, analysis the change of the old men mediation system in different ages. After carding and analysis the basic system, the last part of text analyzed the features and value of the old men mediation system basic-level society in early Ming Dynasty, from the angle of law.The old men mediation system’s core was to use the kind old men to make the rural sentence、lead the social values、stable the rural society by their prestige and the administration management abilities. It made the state power extend to the grass-root society. The object of the text also has profound realistic significance. Nowadays, construction of harmonious society of socialism is the common goal of our country. Then, what is the harmonious society? In legal sense, it means:"the subject of right is coordination, disputes can solved very well". So the stability is the main basis of constructing a harmonious society. The study object of this paper is how to resolve the dispute and stable society.
Keywords/Search Tags:Ming Dynasty, the elderly, mediation
PDF Full Text Request
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