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Study on Civil Property Disputes and Lawsuits in Song Dynasty
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This article made a study of civil property disputes and lawsuits in Song Dynasty by historical materials in hand. Through analyzing dynamical and microcosmical legal phenomena, the author strove to inspect the contradiction of civil property relations in Song Dynasty, arbitration and settlement to this kind of contradiction from state and society, and the supporting degree from the involved people in Song Dynasty. Above all, the author introduced briefly the research situation, significance of the article and the scope of the research. From the first to forth part: explicating phenomena of civil property disputes and lawsuits in Song Dynasty. Song Dynasty is a developing period of ancient society and economic in China. Under the impact of economic waves at that time, mutual understanding and sense of responsibility among people became indifferent, most people's spiritual world was ruled by the beneficial principle. Because of this, all kind of property contradiction took place among people. These parts studied respectively phenomena of disputing and contesting lawsuits about the fields and houses, debts, common properties and dowry, inheriting legacy, then reappeared beneficial and virtual choice of social members. The fifth part: civil arbitration and official arbitration. As the effect of social structure, cultural tradition, lawsuits benefits and so on, quite a few civil property disputes in Song Dynasty were solved by civilian mediation. But officials arbitrated and ended the other lawsuits. The sixth part: enforcing civil property disputes and lawsuits in Song Dynasty. Specific social structure and legal background brings prevalent ethic emotion to civil enforcement in Song Dynasty, and makes it take on non-regular features. The seventh part: legal opinions of civil property disputes and lawsuits in Song Dynasty. Through inspecting the whole course from production to settlement of civil property disputes and lawsuits in Song Dynasty, we found that the opinions in legal value of civil in Song Dynasty play an important role in choosing setting methods. They didn't support the whole legal system without any keeping. At last, Summarize the main conclusions of this article.