清代州县民事诉讼规则探研——以州县“状式条例”为对象

Study on Rules of Local Civil Litigation in Qing Dynasty——Taking the Regulation of Local Litigation as Object

大量出现的民事讼案给清代州县基层司法造成了巨大的压力,为了达到最大限度地抑制民众的诉讼行为、减少州县讼案数量的目的,清代各地州县衙门根据当地具体情况制定了一系列规制讼案启动的诉讼规则。通过制定这些禁止性的诉讼规则对诉讼主体资格、证据种类、受理时限、诉状格式等方面做出明确的义务性规定,凡是不符合这些规则的纠纷都会被官府排斥在诉讼范围内。

A great deal of civil cases caused tremendous pressure on the local judicatory in Qing dynasty. In order to restrain the people＇s action at law to the maximum extent and decrease the quantity of civil cases, the local governments constituted a series of the litigation rules which based on the different social conditions. The civil proceedings were prescribed in these litigation rules, these proceedings included the litigation subject qualification, the kinds of proofs, the time limit of suit, the format of petition and so on. All suit cases which were not accord with these litigation rules were excluded from the litigation by the local governments.