Research On The Segmentation Of The Qing Dynasty Slips Property Case Sentenced

Inheritance of property is a problem faced by each individual will, and humanity seeks profit and other factors leading to the inheritance of property disputes are inevitable. As for the inheritance of family property, the Qing Dynasty legal system related content is less. Therefore, in order to fully understand property of Qing Dynasty inheritance legal system and operation in the judicial practice, and judge for inheritance of property disputes, this paper selects the past precedents verdict "in involved in Qing Dynasty Property division case verdict of collection, collation and analysis. According to the past precedents verdict involved in the relevant case verdict, and the different subject, Qing Dynasty family property inheritance disputes planning can be philosophers property inheritance disputes, daughter property inheritance disputes, widow property inheritance disputes and son-in-law inheritance disputes the several main types. Each type of dispute, the judge has to judge according to the relevant regulations or the human nature. Through case analysis found slips related disputes, we can found that the enlightenment of mediation, in order to interest litigation and the maintenance of the guidance of the guiding ideology of the interests and inheritance of the whole clan under, property of Qing Dynasty inheritance disputes treatment showed the following characteristics:pay attention to identification of evidence identification; reasonable basis, flexible application of the law; judge the results to economic compensation based, supplemented by punishment; judicial and legislative deviate from. Although there are some problems and negative effects in Qing Dynasty with the Property division disputes, but it has certain positive significance:one is to attach importance to the case processing actively to resolve the dispute. Second is a continuation of the excellent Chinese traditional culture; the third is the referee results is conducive to family harmony, social stability. From the positive significance, Qing Dynasty family property inheritance disputes brought us the enlightenment is, in dealing with the disputes of inheritance, one is to promote family harmony as the goal, rather than for settled and closed, the second is for existed in China's rural areas of woman's property inheritance rights and interests against the status, strengthen the protection of property rights and interests of women, three is to in the mediation process, within the range of legal attention to reasonable mediation.