"Different Litigation: The" Wind of Kind of Litigation "in the Qing Dynasty and its expression of expression" is a summary of the results of the author's hard work，It is also a superior work in the field of legal society in recent years。In early cognition，China is considered to have a peace of mind、Tradition of non -litigation struggle。For the past thirty years，With the expansion of breadth and depth with literature，File documents、Local Books and Official Diary show another new picture of the status of Chinese social litigation and related concepts。Non -litigation from hate litigation，Good litigation in the litigation，The depiction of lawsuits in traditional Chinese society in the history of legal and social history presents a significant reversal，The complexity in it is worth thinking about。

"Different Litigation: The Word of Litigation in the Qing Dynasty and the Reality of its expression"，You Chenjun，Peking University Press 2022 Edition

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The prominent contribution of this book lies in the Qing Dynasty as the center，Comprehensive thinking about the phenomenon and discourse background of traditional Chinese social society。On the one hand，This book comprehensively sorted out and used the current research of scholars at home and abroad to study the status of Chinese traditional society, especially in the Qing Dynasty.，Number of litigation to the Qing Bet365 app download Dynasty、2628_2645，revealing the facts of many faces in the litigation process，More comprehensively showing based on different periods、The complexity of the difference between the region and the class。On the other hand，This book is guided by the method of legal social history，What is the discourse system that describes the above lawsuit when further questioning and interpretation,。The author will orthodox concept、Economic consideration、rich multiple factors such as the financial system and official term are included in the research field，and the perspective of the case of the concept of the litigator from the official and the people，Deep shows the complex background of the formation of concept，and the correlation mechanism of ideology and social control。

This book reveals the position behind the situation of litigation and its words、interests and other deep problems，To a considerable extent, a simplified stereotype of traditional understanding，At the same time, it will also guide further questioning and thought -as the index concept as the core，What is "health litigation"? Japanese scholar Hamajin characterized China as a "litigation society" after the Eastern Han Dynasty，The absolute standard is used，That is, the description and objective data of people when combined with people，I believe that the number of litigation at that time was quite considerable。This book takes relative standards，It is believed that the expression of the litigation "can be regarded as the discourse presentation of the tension between the official judicial bet365 Play online games system and the demand of folk claims at that time"，That is the lack of supply of judicial resources，Society shows a good lawsuit。From a wider view of vision，Comparison of different spaces may provide another idea。Whether a specific society is alive，It can also be compared with other society，For example，The Qing Dynasty in the 19th century China may be more alive than Japanese society in the same period，But far from the British society at that time。The wind of the litigation or litigation society，As a qualitative concept，In the sense of comparison (compared with institutional supply) internally (compared with institutional supply) and external comparison (compared with other society)，can be determined more clearly。

　　Explore the deep reasons and accessibility behind the discourse 

The qualitative after comparison is just a starting point。According to the direction shown in this book，Explaining the reasons behind the discourse is more important and profound。Supply related to the internal system，This book analyzes the problem of insufficient supply of litigation resources in the financial system and the term of office of officials，but did not explore the procedure system design in the lawsuit and the possible constraints that may be caused by its practice。Comparison to a certain extent can provide certain ideas and explanations。Related studies show，The total number of civil cases that filed a lawsuit in the Central and major local courts in 1830 reached 387,000 cases，Among them, about 90,000 pieces of the Central Court，Average 2767 cases per 100,000 bet365 Play online games people。Comparison of comparison，During Tongzhi years, the newly prosecuted cases in Ba County averaged 1100-1200 per year，No more than 260 pieces per 100,000 people，Obviously living at a low level。From the perspective of many people and less cases，Around 1670, the two central courts of the Civil High Court of England and the Royal Court，The number of cases entering the trial stage is about 30,000 cases，At the time, these two courts had only a single single judge，Obviously, there are more prominent cases than China at that time.，But there is no general complaint about good lawsuits。I am afraid that this requires a more comprehensive interpretation from the comparative perspective of the litigation system and technology。

At the same time，The litigation status and its response，Not only a historical question，It is also a contemporary practical problem and general theoretical issues that have academicly across the same extent。In this book's appendix, "" The Case of Cases and Less ": Qing Dynasty、Comparison of the Republic of China and Contemporary China，In summary, thinking about this problem。Further，The ancient and modern cases of many people are comparative.，can then refine the general regular theory? This appendix puts forward a type of type of analysis，Including the use of institutional resources and discourse resources，But due to space limits，It has not fully expanded this on the issue that may have a deeper theoretical meaning。and，The important role of institutional resources related，In addition to the two use methods of Bet365 app download suppression and expansion，Design of specific litigation procedures is often important，It is a concrete manifestation of judicial concept and institutional practice。Another，The legal person as the operator of the system，In adhering to the concept、There is an indispensable subject role in the process of practicing the system。This group of groups from traditional bureaucrats、Officials and litigants，Transition into a judicial officer in the modern and contemporary system、Judicial Assistant、Lawyers and legal service industry practitioners，What is the significance of this transformation in the response of the lawsuit? This is also the element that needs to be included in the field of vision and the theoretical integration and combing。

　Some contradictory expressions need to be further explained 

This book explores the inherent logic of the expression of traditional Chinese litigation concepts，Master a clearer framework，But in the specific demonstration，There are still some potential contradictory expressions that need to provide more fully and reasonable explanations。For example，At that time to obscure the told person，Officials often exaggerate: "，Dark Waves，Most of the litigation as the benefit，Take the rich household as a strange goods。As soon as the people enter the public door，Like Self -Self -Self -Step.com，Self -containing fish。"The author thinks，This type of expression is designed to highlight the comparison of the scholars and doctors and the officials of the officials，and deterred the potential disputers。But the leader bet365 best casino games of the Yamen is the doctor of the scholars and not the official minions，Whether at the system or practical level，Officials should be subject to officials，Otherwise it is the latter's negligence; if this situation tends to be extreme，It will cause the legitimacy crisis and even the system to collapse。Under the concept and institutional context of a full responsibility for the government，"Thousands of Fang guilty，Sin is bowed "，Parents are the political party、benefit one party，To solve the litigation litigation for the people should be the moral responsibility of the government。This self -blackened expression of Yamen，How do you tell himself? Further question，Maybe more comprehensive new solution。

In short，Contemporary Chinese legal history research urgently needs more clear and intuitive and intuitive theoretical care，This book continues the tradition of legal social history research，History theory combined，Inspired the above -mentioned various pursuit，It is the reflection of its theoretical meaning。Just as the scholars generally pointed out in the short review of this book，This book will interpret the empirical inspection of litigation phenomena with the structural interpretation of the dialogue.，Focus on to reveal deep interaction between law and society，It aims to "re -build a research paradigm that takes into account the authenticity and theoretical inspiration"，It will help promote the in -depth transformation of legal history research。

　　(The author is a professor at the School of Law of Fudan University)