| The song government adopted the policy of "no field system" and "no suppression of annexation",the large number of houses,the land entered the circulation field,the property transaction was unprecedentedly active,the private concept gradually became deeply popular.With the prosperous development of commodity economy,the market scale,urbanization process accelerated,complicate social economic relations,promote the transformation of traditional thought of valuing loyalty over money,profit-seeking wind prevails,the intricacies of the real estate disputes.According to the direct cause of the dispute,the real estate disputes in the song dynasty can be divided into property transaction disputes,property encroachment disputes,property inheritance disputes and property demolition disputes.The complex property dispute disturbs the real estate market and destroys the normal social order,which is not conducive to the stability and development of the society.The song government recognized this situation and took a series of measures to solve the property dispute.In accordance with the Confucian ethics,the judicial officials in the song dynasty tended to settle the disputes on the property right in the way of mediation so as to achieve the purpose of "litigation".But under the impact of the commodity economy,the influence of traditional patriarchal consanguinity weakened gradually,the economic relationship has an important role in people’s life gradually,the single way of mediation has already can’t satisfy people’s interests demand,must with the help of the case.Song dynasty civil litigation system has a relatively system application,acceptance,trial,judgment and execution of litigation has a corresponding regulation,and according to the judicial practice leak fill a vacancy,and constantly improve.The principle of dispute settlement advocated by song people is based on the identification of facts,and according to law,it reflects the human interest of the song dynasty.However,in judicial practice,it also highlights the shortcomings of the society in the song dynasty.The corruption and corruption of officials not only failed to resolve the disputes,but also aggravated the burden of the parties involved in the property disputes,which overwhelmed the people.The property disputes in the song dynasty to some extent promote the awakening of citizens legal consciousness,also contribute to the progress of social culture,the song dynasty exerted property dispute prevention and solution provides a certain reference guide. |
