Filial Piety Rule In BaXian Lawsuit Of Qing Dynasty

Since ancient times,filial piety is the traditional virtue pursued by the Chinese nation.At the beginning of it's birth,filial piety mainly had the meaning of respect parents,and after Qin Dynasty,filial piety gradually had the meanings of loyalty to the emperor,which changed the ethics of "filial piety" to the political "filial piety"."Filial piety rule" can raise family ethics to the state politics and maintain the supreme authority of the monarch.Therefore,"filial piety rule" becomes an important way of governing the country.To the Qing Dynasty,“filial piety rule “reached its peak.At present,the academic research on the filial piety in the Qing Dynasty mainly focuses on filial piety in the state's overall pension policy,filial piety in bureaucracy,filial piety in education,and filial piety in law places emphasis on legal provisions and criminal cases.This article takes the filial piety cases in Baxian archives as the basic historical materials,and takes the civil litigation as the angle of view to analyze and discuss the embodiment of filial piety in Qing Dynasty in civil litigation.This article is divided into four chapters.The first chapter mainly introduces the customs of Baxian and the implementation of the state policy of “Filial piety rule” in Baxian such as the bestow elders,praise filial son in Qing Dynasty.Baxian is a city with a long history and value filial piety culture.The second chapter is mainly based on the law of Qing Dynasty,classified and analyzed the cases of Unfilial piety found in Baxian archives.There are mainly two types: non-adoptive parents,unrestrained and forced separation of family property.The third chapter discusses the causes of these cases of unfilial piety,Baxian where value filial piety because of family poverty,many children's inresponsible,parents' preferences and non-compatriots,rural society pay attention to the small intrest,and the dependent survival rules,these reasons resulting in unfilial case.The fourth chapter focuses on the local officials h ow to deal with unfilial cases.First of all,the Qing Dynasty stipulated a strict date of non-litigation and date of allow litigation.However,see from the acceptance of unfilial cases by county magistrates in Baxian,they attached great importance to the cases of unfiliality and they broke the rules for non-litigation during the period of agricultural busy.Secondly,from the reply of cases,whether it is "permit" and "not allowed",or prosecutor give up at last,the County magistrate keeped attitude which is based on maintain harmony.Finally,in the judgment of “filial piety” cases found in the archives of Baxian,they all based on the law of Qing dynasy,attach to maintain the ethic of filial.In the meantime,for the purpose of the elderly are supported,allowed prisoner be released.After the case is over,the parties need to issue a knot which is a promise to non-mistake of son,the brothers live forever in harmony.Over all,the county magistrates in Baxian attached great importance to the cases of unfilial piety,pay attention to the punishment of unfilial behaviors,and strive to maintain family ethical relations,to ensure the continued practice of filial piety ethics,this is the embodiment of "filial piety" thought in civil lawsuits.