| In the past, researchers have emphasized the role of "the society and the state", rather than "the state and the individual", in dispute resolution in the Qing Dynasty. The suppression of litigation was the basic position of county yamens in the Qing Dynasty. Therefore, the initiation of litigation mainly depended on the difficult actions taken by the individual. In the process of awaiting trial, although the litigation might be stalled because of the passiveness of the state, the individual would strive to promote the litigation process through prosecution. At the trial stage of the litigation, the state often hoped to close the case by only one hearing. If the parties were unwilling to accept the outcome of the trial, they would refuse to sign the instrument of acceptance, sue again and even appeal. However, such requests for retrial would also be suppressed by the state. Since litigation was an "unbearable burden" for both the state and the individual, individuals would not give up their efforts to reconcile at any stage of the lawsuit. Once a settlement was reached, the state would also support the end of the litigation. The suppression and the negative attitude taken by the state on the one hand and the difficulties faced and the positive attitude taken by the individual on the other hand were two sides of the "repressive litigation" in the Qing Dynasty. The explanation of "repressive litigation" emphasizes the defects of the dispute resolution mechanism in the Qing Dynasty and suggests that the judicial capacity of the state should be strengthened and opened up. |
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