论清代州县官员解决民事纠纷的方式

发布时间：2018-03-05 11:38

本文选题：民事纠纷　切入点：州县官员　出处：《吉林大学》2011年硕士论文　论文类型：学位论文

【摘要】：民事纠纷虽然在清代被称为细故,不被重视。但是它与人们的日常生活息息相关,解决不好会引发各种社会问题。对于百姓而言就是浪费精力、物力、财力来县控告,荒废农业；对于政府衙门来说就是百姓缠诉,不得其烦,严重扰乱政府机构的办公秩序和浪费国家的审判资源。另一方面官员政绩考核时,政事一项以“通达明治”为上等,“讼清狱结”是其重要标志。因此民事纠纷妥善圆满解决是州县官员的职责所在,是其政绩考核的内容之一。本分从选择的三本判牍出发,研读批词、判词,从中找寻民事案件在古代能够妥善解决的原因。虽然法律规定民事案件的最终审判权在于州县官员,也就是说民事案件在清朝实行一审终审制,从法律上杜绝了当事人上诉的权利。但民事案件当事人却是可以缠诉的。为此,州县官员采取措施杜绝民事案件当事人缠诉就值得研究一番了。本文分为五个部分第一本分是绪论,主要是对相关概念进行界定,以方便论述。这部分叙述了州县官员及其特点。因清代诸法合体,民、刑不分,所以依照现行法学界的通行观点对清代的民事案件进行界定。第二部分着重写民事纠纷的调解方式。州县官依据调解原则,采取不同的调解方案来解决具有不同社会关系的当事人之间的民事纠纷,在此基础上总结调解结案的特点。第三部分详写民事纠纷的判决,总结出不同当事人之间的民事判决的特点,并将有伤风化的案件作为一个特例阐述。第四部分论述州县官员不予处理的案件,分析不予处理案件的特点及被州县官员拒之门外的原因。第五部分是本文的重点部分。这部分是在前四部分的基础上来探析州县官员采取三种不同方式处理民事纠纷所体现的审判精神和思想。结语部分论述了州县官员的处理民事纠纷的方式方法对我国现代司法审判的借鉴意义。州县官员之所以采取诉调结合的方式解决民事纠纷一方面是由案件的性质决定的,另一方面也与他们受到的教育背景有关。在清代州县官员中的大多数是科举出生,他们在解决民事纠纷时深受其教育背景的影响,儒家宣扬的和合思想和爱民思想体现无遗。这种诉调结合的解决民事纠纷的方式对我国现在的民事纠纷的解决提供了很好的借鉴作用。一方面调解方案必须合情合理；另一方面加强调解方案的权威性,可执行性。
[Abstract]:Although civil disputes were called fine old in the Qing Dynasty, they were not taken seriously. But they are closely related to people's daily lives and can lead to various social problems. For the people, it is a waste of energy, material resources, and financial resources to bring charges at the county level. Derelict agriculture; for the government yamen, the people are entangled in litigation, not bothering them, seriously disrupting the office order of government agencies and wasting the country's judicial resources. On the other hand, when officials assess their achievements, The "clear prison knot" is an important symbol of the government affairs. Therefore, the proper settlement of civil disputes is the duty of the state and county officials, and one of the contents of their achievements assessment. This part starts from the three selected judgments, studies criticism and judgments, and finds out from them the reasons why civil cases could be properly resolved in ancient times. Although the law stipulates that the ultimate jurisdiction for civil cases lies with state and county officials, That is to say, in the Qing Dynasty, the first instance system of final appeal was implemented in civil cases, which legally eliminated the right of the parties to appeal. However, the parties in civil cases can be entangled in litigation. For this reason, State and county officials take measures to put an end to litigants in civil cases is worth a study. This paper is divided into five parts. The first part is the introduction, which mainly defines the relevant concepts in order to facilitate the exposition. This part narrates the state and county officials and their characteristics. Therefore, according to the prevailing views of the legal circles, the civil cases of Qing Dynasty are defined. The second part focuses on the mediation methods of civil disputes. State and county officials adopt different mediation schemes to solve civil disputes between parties with different social relations according to the mediation principles. On this basis they summarize the characteristics of mediation and settlement. The third part details the judgment of civil dispute, summarizes the characteristics of civil judgment between different parties, and elaborates the case of indecency as a special case. Part 4th discusses the cases that state and county officials do not deal with, analyzes the characteristics of not handling cases and the reasons why state and county officials shut out the cases. Part 5th is the key part of this article. This part is based on the first four parts to explore the state and county officials to take three different ways to deal with civil disputes reflected in the spirit and ideas of the trial. The conclusion part discusses the ways and means of state and county officials to deal with civil disputes. The reason why state and county officials adopt the combination of litigation and mediation to resolve civil disputes is, on the one hand, determined by the nature of the case, on the other hand, related to their educational background. In the Qing Dynasty, most of the state and county officials were born under the imperial examination. They were deeply influenced by their educational background in resolving civil disputes, and the Confucian thought of harmony and love for the people was fully embodied. This way of solving civil disputes combined with litigation provides a good reference for the settlement of civil disputes in our country. On the one hand, the mediation scheme must be reasonable and reasonable; on the other hand, the authority and enforceability of the mediation scheme should be strengthened.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929;D925.1

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