清代地方诉讼中的“客民”——以《樊山政书》为中心的考察

On the immigration in provincial litigation of Qing dynasty

客民是清代地方诉讼中的一个特殊群体。从《樊山政书》所载案件来看,客民在诉讼中处于不利地位,他们上控的案件基本上是以失败告终,仅在对方当事人的道德被官员否定时才会出现例外。造成这种情况的原因包括清代社会价值观对客民进行否定,官僚制度设计使得地方官员偏袒本地民众,客民的出现使得地方政府难以实现有效治理等。研究这种历史现象对今日社会仍具有借鉴意义。

Immigration is a special group in provincial litigation of Qing dynasty. As manifested in FanSHan Correspondence, they were disadvantaged in litigation, unless the counterpart was hated by the official, immigration can not win a lawsuit. The reason of this situation included as follows： the people in ancient society had negative impressions on immigration, unreasonable national system made the officials prefer local people to immigration, and the appearance of immigration made difficulty for officials to get an orderly society, this phenomenon can make some experience for us.