The system of pawn,or Dian Zhi in Chinese,was an indigenous legal resource in the area of civil law of the country. During the late Qing and the regime of the Republic of China,conflicts between the Chinese and Wester...The system of pawn,or Dian Zhi in Chinese,was an indigenous legal resource in the area of civil law of the country. During the late Qing and the regime of the Republic of China,conflicts between the Chinese and Western legal cultures had also been deeply felt in such an area of law. Da Li Yuan,the top adjudicative organ,at that time by giving a series of civil decisions and interpretations of law,completed a transformation from a traditional system of pawn to a right to pawn,or dian quan in Chinese. In its judicial practice,Da Li Yuan was more prone to the country's indigenous customs. However,its formal respect for the legal customs and resorting to a restrained and progressive technique would not conceal its favor of western legal concepts rather than the indigenous traditional legal spirit. In Da Li Yuan's definition,the right to pawn was categoriz ed as a specific example of jus in re aliena under the Pandekten system. As a result,the traditional system of pawn lost its value in such a process,and its fate of declining and fading-out began to surface.展开更多
Confucian scholars, Chinese rulers and administrators in all ages generally regarded order, exemption from punishment and non-litigation as signs of an ideal and civilized society. The concept of non-litigation was hi...Confucian scholars, Chinese rulers and administrators in all ages generally regarded order, exemption from punishment and non-litigation as signs of an ideal and civilized society. The concept of non-litigation was highly praised in most dynasties and was strongly promoted by legislating to reduce litigations and petitions, implementing administrative evaluation, and advocating moral education. Under the concept of non-litigation, various subjects of dispute resolution, varied ways to solve disputes and conflicts, and special legal bases were ultimately integrated into the powerful and influential core value which constituted the basic framework of the social dispute resolution system in traditional societies. The success of the concept of non-litigation in traditional societies was attributed to the government and society＇s consensus on the core value and their cooperation and coordination in the implementation of non-litigation. Legal practitioners can learn from its success in traditional societies and apply it in the diversified dispute resolution mechanisms in modern civil society. The legal society should gradually establish a systematic framework or structure which has a unified core value and tenet, and is supported by civil organizations and legal bases, under which litigation and non-litigation are well connected and linked.展开更多
文摘The system of pawn,or Dian Zhi in Chinese,was an indigenous legal resource in the area of civil law of the country. During the late Qing and the regime of the Republic of China,conflicts between the Chinese and Western legal cultures had also been deeply felt in such an area of law. Da Li Yuan,the top adjudicative organ,at that time by giving a series of civil decisions and interpretations of law,completed a transformation from a traditional system of pawn to a right to pawn,or dian quan in Chinese. In its judicial practice,Da Li Yuan was more prone to the country's indigenous customs. However,its formal respect for the legal customs and resorting to a restrained and progressive technique would not conceal its favor of western legal concepts rather than the indigenous traditional legal spirit. In Da Li Yuan's definition,the right to pawn was categoriz ed as a specific example of jus in re aliena under the Pandekten system. As a result,the traditional system of pawn lost its value in such a process,and its fate of declining and fading-out began to surface.
基金the phased achievement of Beijing Technology and Business University's Two Discipline Fund Cultivation Project(LKJJ2016-08)the Education Ministry's Youth Project,entitled Study on the Land Management System in the Ming and Qing Dynasty(15YJC820089)
文摘Confucian scholars, Chinese rulers and administrators in all ages generally regarded order, exemption from punishment and non-litigation as signs of an ideal and civilized society. The concept of non-litigation was highly praised in most dynasties and was strongly promoted by legislating to reduce litigations and petitions, implementing administrative evaluation, and advocating moral education. Under the concept of non-litigation, various subjects of dispute resolution, varied ways to solve disputes and conflicts, and special legal bases were ultimately integrated into the powerful and influential core value which constituted the basic framework of the social dispute resolution system in traditional societies. The success of the concept of non-litigation in traditional societies was attributed to the government and society＇s consensus on the core value and their cooperation and coordination in the implementation of non-litigation. Legal practitioners can learn from its success in traditional societies and apply it in the diversified dispute resolution mechanisms in modern civil society. The legal society should gradually establish a systematic framework or structure which has a unified core value and tenet, and is supported by civil organizations and legal bases, under which litigation and non-litigation are well connected and linked.
