从冕宁司法档案看清代四川土司的司法活动

The Judicial Activities of the Chieftain in Sichuan from the Perspective of Mianning Judicial Files

一般认为土司司法活动在清雍正改土归流以后逐渐消亡,但从冕宁的司法档案来看,一直到清末,冕宁的土司还在流官的管理下,参与地方的司法活动。活动内容涉及组织土兵维护治安、参与审判与调解、协助缉拿逃犯,但土司的活动受到国家的监控,这是清代少数民族混居地国家通过土司管理民族事务的最好体现,也是流官与土官管理、协助、配合共建社会秩序的现状。

It is generally believed that the judicial activities gradually disappeared since the reform of the chieftain system in the Qing Dynasty Yongzheng＇s reign. However, findings in the Mianning judicial files indicate that some of the chieftains were still involved in the local judicial activities under the supervision of regional officials. They took part in the activities of organizing security guards, attending judging and mediation, and helping arrest the escaped criminals. Their activities, however, were under the supervision of the government. Thus it is the best way for the Qing government to rule the mi nority area through the chieftain. It is also through the joint management, mutual help and cooperation of the chieftains and regional officials that a good social order was set up.