Research On Real Estate Disputes And Its Resolution Mechanism In Song Dynasty

With the development of commodity economy,the transactions of real estate in Song Dynasty became more and more frequent and diversified.The diversified transaction methods led to various real estate disputes.According to the different legal relations involved in the subject matter,the disputes of real estate in Song Dynasty can be divided into pawn disputes,sales disputes,embezzlement disputes,inheritance disputes and lease disputes.The types of real estate disputes in Song Dynasty were diverse and interrelated,and the subject range of disputes was very wide,with a large number of real estate disputes occurring between relatives.In the face of complicated real estate disputes,there was a relatively complete dispute resolution mechanism in the Song Dynasty.This dispute resolution mechanism is a dynamic process in which the subject of dispute resolution follows the corresponding basis of dispute resolution and resolves disputes in accordance with certain procedures.In terms of the basis for resolving disputes,the basis for resolving real estate disputes in Song Dynasty showed diversified characteristics,which not only covered national laws,natural principles and human feelings,but also played an important role in the "rural original style" with Song Dynasty characteristics.From the point of view of the main body of dispute resolution,the real estate disputes in the Song Dynasty were resolved in three ways: government trial dominated by the official forces,civil mediation presided over by the civil forces,and government approval poll jointly participated by the officials and the people.The government trial was divided into two ways: government judgment and government mediation.However,no matter it is civil mediation,government trial or official approval poll,the settlement of real estate disputes mostly has a fixed procedure,which goes through four stages of "starting-investigation-handling-case closing".The settlement of disputes over real estate in the Song Dynasty has obvious characteristics of The Times.In the trial of the government,the judges in the Song Dynasty attach great importance to the review and judgment of the evidence,identify the facts and distinguish right from wrong through the evidence,and make efforts to make the most reasonable judgment when closing the case not only according to the law,but also as appropriate and equitable.At the same time,compromise and favoritism in civil mediation also exist objectively,which is the need to reflect on.Taking history as a mirror,the study of civil real estate disputes and its resolution mechanism in Song Dynasty can provide some enlightenment for the improvement of dispute resolution mechanism in modern society.For example,we can use sense to conduct judicial reasoning,attach importance to the role of mediation in dispute resolution,and strengthen the coordinated operation of litigation and non-litigation methods.To carry out and practice these enlightenment is beneficial to the construction of modern society ruled by law and harmonious society.