宋代民间财产纠纷与诉讼研究

发布时间：2018-03-16 00:12

本文选题：宋代　切入点：民间　出处：《河北大学》2005年博士论文　论文类型：学位论文

【摘要】：本文从现有史料入手,对宋代民间财产纠纷与诉讼进行了梳理,力图通过对动态的、微观的法律现象的分析,来考察宋代民间财产关系的矛盾冲突,国家、社会对这种矛盾冲突的调整和解决,以及涉足其中的宋代民众对法制的支持程度。　首先简单介绍研究现状、选题意义、界定研究范围。　第一至第四章:论述宋代民间的财产纠纷与诉讼现象。宋代是中国古代社会经济大发展的阶段,在当时的经济大潮冲击下,人们之间的互相理解和责任感变得淡漠起来,大部分宋人的精神世界为利益规律所统治,由此,人们之间也产生了各式各样的财产冲突。这几部分分别考察了宋代民间广泛存在的围绕田宅、钱债、共财与奁产、遗产继承而产生的纠纷与争讼现象,再现了社会各成员的利义抉择。　第五章:民间调解与官府调解。由于社会结构、文化传统、诉讼效益等多种因素的影响,宋代民间的财产纠纷中相当一部分由民间自行调解解决,但也有一部分财产纠纷以诉讼途径来解决,由官府调处息讼。　第六章:宋代民间财产纠纷与诉讼案件的执行。特定的社会结构、法律背景带给宋民事执行浓厚的伦理法色彩,使其呈现出非规范化特征。　第七章:宋代民间财产纠纷与诉讼中的法律观念。通过对宋代民间财产纠纷与诉讼由发生到解决的全过程的考察,我们发现,在纠纷解决方式的选择上,宋代民众的法律价值观念起着至关重要的作用,他们对法制的支持并非毫无保留。　最后,概括本文的主要结论。　
[Abstract]:Starting with the existing historical data, this paper combs the disputes and litigation of folk property in the Song Dynasty, and tries to investigate the contradiction and conflict of the folk property relations in the Song Dynasty through the analysis of the dynamic and microscopic legal phenomena. The society adjusts and resolves these contradictions and conflicts, as well as the people's support to the legal system in Song Dynasty. First of all, a brief introduction of the status of the study, the significance of the topic, define the scope of the study. The first to 4th chapters: discusses the property dispute and the lawsuit phenomenon in the Song Dynasty. The Song Dynasty is the stage of the great development of the society and economy in ancient China. Under the impact of the economic tide at that time, the mutual understanding and the sense of responsibility between the people become indifferent. Most of the spiritual world of the Song Dynasty was ruled by the law of interests. As a result, there were also various conflicts of property among the people. These parts examined the widespread existence of the folk around the field house, the money and the debt, the common wealth and the dowry property in the Song Dynasty. The disputes and disputes arising from inheritance reappear the choice of benefit and righteousness of the members of the society. Chapter 5th: folk mediation and government mediation. Due to the influence of social structure, cultural tradition, litigation efficiency and other factors, a considerable part of the civil property disputes in the Song Dynasty were settled by private mediation. But there are also some property disputes to be resolved by way of litigation, by the government mediation interest litigation. Chapter 6th: the civil property disputes and the execution of litigation cases in Song Dynasty. The specific social structure and legal background bring the strong ethical law color to Song civil execution and make it show the characteristics of non-standardization. Chapter 7th: the concept of law in civil property disputes and litigation in Song Dynasty. Through the investigation of the whole process from occurrence to settlement of civil property disputes and litigation in Song Dynasty, we find that, in the choice of dispute resolution, The legal values of the Song Dynasty played a vital role, and their support for the legal system was not without reservation. Finally, the main conclusions of this paper are summarized.
【学位授予单位】：河北大学
【学位级别】：博士
【学位授予年份】：2005
【分类号】：K244

【引证文献】