墓田上诉:一项南宋民间诉讼类型的考察

Analysis of Appeal Case of Grave Field in Southern Song Dynasty

根据争讼标的不同,南宋社会中与墓地相关的上诉案件可大致分为侵占坟地所致争讼、墓祭田争讼、围绕墓地林木的争讼和与典卖田地山林相关的墓田争讼四种情形。透过这些案件,可以初步认识南宋墓田争讼繁多的缘由,并进而把握南宋民间诉讼的特点。

According to different litigation target, the appeal cases related to graveyard in Southern Song Dynasty can divide into the dispute of the occupying cemetery, the Field of Fete, the grave-woods and business graveyard mountain forest. These law cases can tell us why there are so many disputes about grave field in Southern Song Dynasty.