Southern Song Dynasty Mortgage Dispute And Litigation Solution As Seen From "the Collection Of Honest And Clean Court Verdict Made By Famous Judges Of Ancient China"

In the Southern Song Dynasty with the further implementation of private land ownership, and the legalization of land business with liberalization deeper degree, land circulation trade especially the land and houses of mortgage trading was more and more popular, it also promoted the frequent occurrence of mortgage dispute. As a real collection of the court verdict in the Middle south song dynasty, the mortgage dispute which was written in "The Collection of honest and clean Court Verdict made by famous judges of ancient China" has clearly showed us the characteristics, types and the lawsuit of the mortgage dispute in that economic and social circumstance.Therefore, this article based on mortgage dispute which has been embodied in "The Collection" has been discussed in terms of quantity, specific gravity, types, characteristics and the specific procedures to resolve the disputes. Thus consider reveals the particular program, significance and for the role of civil legislation and judicial of the mortgage dispute. From the following four aspects:The first part is introduction, mainly introduces the writing of the basic background knowledge. And this part mainly discuss from three aspects. Firstly, introduces the origin of the subject and the significance of this topic; then introduced the present researching situation of domestic and foreign; lastly explain the source of the material. The second part introduces the summarization of mortgage dispute research which has been embodied in "The Collection". Mainly discuss in terms of the number of disputes with mortgage dispute proportion, types of disputes and features. The third part is litigation solution of the mortgage dispute. Mainly discuss in terms of the basis of dispute resolution, the principles and the dispute resolution of the specific procedure. The last part is about the feature of mortgage dispute resolution. From the four aspects:Firstly the purpose of dispute resolution is pay attention to maintain the mortgage trading order; Secondly protect the legal rights of both parties, is the core of the mortgage dispute resolution; Thirds Feeling and the method to balance is mortgage dispute resolution lawsuit trial spirit; Lastly the complete mortgage dispute resolution procedure is the civil judicial characteristics of the times.