Research On The Problem Of Disputatiousness In Gannan In Qing Dynasty

As an important social phenomenon, the official representative of the mainstream ideology of local chronicles and folk literature, have a large number of records. Far in the North-Song Dynasty, there have "litigious" folk in Gan Nan. It lasted litigious custom and presented new features, because of litigiosity,it was called “litigiosity district”, become the intractable land in the eyes of ruler. Various of contents were involved in GanNan of Qing dynasty, covering land, cemetery of geomancy, housing,money, debt, gender relations, family clan membership, and so on. Litigating staff were quite extensive, not only involved the local gentry, common civilians, but also local hooligans, townspeople,etc. According to the file suit, case verdict, contract documents, etc. It would be the main content and litigation roughly divided into:Geomancy disputes and litigation; Clan family relationship disputes and litigation;Claims disputes and litigation; Land disputes and litigation; The host and tenant relations disputes and litigation.The real state was reflected in verdicts. The actual state of litigiosity not just a true portrayal of rural community life, but hidden in the cultural logic of rural society and the inner logic of operation. The cause of litigiosity was quite different. It could be roughly summarized as: Seek wealth, Geomancy Property fight, Lawyers instigate litigation, False accusations rife, Contracts unknown. However, the deep cause lies in the imperfect of the socio-economic development and the traditional political system,the design of the traditional system resulting in grassroots community appears some of the power loophole. Economic activity in the Gan Nan of Qing Dynasty, the universal form of a civil contract entered into habits. Contracted with its customary law as a non-institutional constraints in the property transaction process to become property transfer of credentials, playing a role in mediation to resolve the dispute and litigation. Iitigiosity destroyed the local social order defendants to challenge the local government’s ability to govern local social instability, the official will inevitably be social control. The most basic approach is the official ideological indoctrination, the use of the grass-roots social elite to persuade people by clan organizational control ofrural society, give full play to the role of civil mediation mechanism. As a grassroots community-led local clan forces are generally in the form of family rules limit family law litigation clan members, trying to reduce the litigation ends.By litigiosity, we can see the power structure of local community, social relations and cultural patterns of the construction space. From the litigiosity, we can get a glimpse of the relationship between the state and local community, social perspective of power operating mechanism.