诉讼两造的话语博弈——基于巴县档案的衙蠹个案分析

The Discourse Game between Two Sides of Litigation--A Case Analysis Involving Moth-like Clerk based on Archives of Baxian County

衙蠹虽身份低贱,却执掌要务,他们因收取陋规、敲诈勒索为时人所恶。透过巴县档案中的一起衙蠹案件,我们可以管窥诉讼两造的话语类型,理解其中的博弈逻辑。民众凭借国家制度的支持形成“制度性话语”,衙蠹则紧扣陋规的惯例性建构“惯例性话语”。这两种话语的博弈逻辑,乃是策略的对抗与权力的角逐。一波三折的博弈进程不仅彰显了两种话语间的巨大张力,还折射出制度运行背后国家权力、社会权力与地方行政权力之间交织拉锯的常态。这一个案也表明:制度的效力并非完全取决于位阶的高低,更与行政司法实践和行动者的策略谋划密不可分。

Although moth-like clerks have a low status,they are in charge of important tasks,who are hated by people because of charging customary fees and extortion.Through a case relate to moth-like clerks in Archives of Baxian County,we can get a glimpse of the discourse type of two sides of litigation and understand the game logic of the case.While the citizens used the support of national institutions to form institutional discourse,the moth-like clerks built conventional discourse by the convention of charging customary fees.The game logic of two discourses is the confrontation of strategies and competition of power.The flexural process of the game not only reflects the huge tension between two discourses,but also the interleaving normality between state power,social power and local administrative power behind the operation of the system.This case also shows that effectiveness of system does not completely depend on the level of rank,but is closely related to administrative judicial practice and strategy planning of actors.