A Study Of The Role Of The Confucian Clan Law In Dispute Resolution In Qufu In The Qing Dynasty

As an important patriarchal organization representative in the feudal dynasty,the Kong family has gradually developed into a unified and huge clan system with a strict organizational structure and systematic management norms over thousands of years in the long history of China,and formed a complete clan law system guided by the " Ancestral precepts and regulations " and composed of the self-made laws of each branch of the clan and the prohibitors generated in practice,comparing its clan law with the clan law of the Zhuang family in Shandong and the clan law of the Huizhou family in Anhui,the form and organizational structure of the Confucian clan law are closer to national law,so its provisions on clan affairs management,family justice and other aspects are quite different from those of other clans.At the same time,the Confucian clan enjoys privileges that other clans do not enjoy because of its special political and historical status.After the Qing Dynasty took control of the Central Plains,it gradually realized the importance of clan organizations for grass-roots governance,and began to grant clan governance.Therefore,the clan law of Kongfu was supported by the regime.In addition,clan law itself had the characteristics of clan power,the Kong family formed a perfect litigation system to manage the tenants,temple households and subordinates of Kongfu,playing an increasingly important role in local disputes.Because of the dualistic nature of family and country in grass-roots governance issues,the division of grass-roots jurisdiction between Kongfu clan law and national law is not easy.Kongfu clan law is not only an integral part of national law,but also conflicts with national law in local affairs.The various types of clan laws and numerous dispute examples of the Kong family show that the Confucius clan law has played a unique role in dispute resolution and moral indoctrination,closely linking the Kong clan with a clear identity relationship and the lineage system,integrating the Confucian ideas of "filial piety" and "benevolence" into the daily indoctrination of the clansmen,cultivating obedient and loyal subjects for the country,helping the ruling class to build a rational and effective home-state isomorphic governance model,and stabilizing the dual social structure of the family and the state.Therefore,focusing on the performance of ancient Chinese clan law in social life and exploring the new vitality of clan law in the new era can provide a new way to promote the construction of family style and rural governance.