| During the song dynasty,the social commodity economy developed and flourished,and various private lending behaviors were very active.The frequent occurrence of private lending disputes also became an important social phenomenon that could not be ignored.The types of folk loan disputes in song dynasty are complicated.From the perspective of the social field where the loan disputes occurred,they can be divided into clan and family loan disputes,neighborhood loan disputes and loan disputes in unfamiliar environment.The causes of loan disputes can be divided into disputes caused by excessive interest or violent debt collection,loan disputes caused by default or not on time,disputes caused by fraud in the loan process,and disputes caused by loan problems left over.The frequent occurrence of loan disputes in song dynasty had a broad impact on the society at that time.In order to prevent and eliminate the possible negative effects of folk loan disputes in song dynasty,the song dynasty made a positive response to folk loan disputes.This kind of response includes folk response and official response.The folk countermeasures include the ethical and moral constraints and norms on the folk loan disputes,the mediation of the folk authority on the folk loan disputes and the continuous improvement of the folk loan credit system.The official response includes the prevention,the official mediation,the legal standard and the supplement to the judicial procedure of the loan dispute.The private response and the official response complement each other and play an important role in the prevention/mediation of private loan disputes.Generally speaking,the song dynasty is of progressive significance to folk loan disputes and their response.On the one hand,the study of loan disputes in the song dynasty is not only helpful to understand the contradictions and conflicts in the loan relationship of the song people,but also to investigate the economic life of the song people in different regions in different periods during the social changes.On the other hand,under the form of agricultural civilization and autocratic monarchy,the song dynasty society had a weak sense of fairness and a lack of awareness of safeguarding rights.Subjectively,it stressed rigid response,which was reasonable at that time,but it was different from the pursuit of fairness and justice and the emphasis on civil rights in today’s society under the rule of law.At the same time,in today’s China is in transformation period,social and economic rapid development,also causes a variety of lending frequent disputes cases,study the song dynasty folk lending disputes and also to have certain practical significance to deal in today’s society can prevent and solve the folk lending disputes provides a good way of thinking,is advantageous to the construction of our country’s current social and economic development under the background of borrowing disputes prevention and remedy mechanism。... |
