明清州县细故案件审理的法律史重构

A Review on the Prefectural and County-level Handling of Minor Civil Cases in the Ming and Qing Dynasties from the Perspective of History of law

明代中期里老人理讼制崩解后,呈控州县的细故案件激增。为适应此变化,清代州县细故审理逐渐形成和解优先的做法,州县官通常促使或命令当事人寻求调解,由此形成多元的结案形式,批词和判词外,息呈、销呈、保状、甘结等均是重要的结案形式。批、判词重给"说法",也即辨明是非,与和解并不矛盾。细故审理受传统契约的约束力影响,大多数产权归属和交易类案件,可以转换为契约真实性和合法性的审查工作,结论具有可预测性。但因无确定规则可资援引,存在同类案件在不同地方裁判不一致的现象。身份及与身份相关的财产类案件,因有律例可以参照,裁判通常具有一致性。但并无必须援引律例的限制,对于参照律例不合适的,州县官会结合情理下判。

After the collapse of the system of dispute adjudication by local elders in the mid-Ming,the number of minor civil lawsuits brought before prefectural and county-level governments soared.In response to this change,the practice grew up under the Qing of giving priority to amicable settlements in the prefectural and county-level handling of such cases.Officials at this level often urged or ordered the parties involved to seek mediation.This led to diverse forms of case settlement.In addition to formal rulings,the withdrawal of claims,dropping of cases,guarantees and compromises were all important methods of resolving a case.Formal rulings laid emphasis onthe justice of a claim';they distinguished right from wrong,and were not inimical to an amicable settlement.The handling of minor civil cases was influenced by the constraints of traditional formal agreements,and most cases of disputed ownership and transactions could be converted into an examination of the authenticity and validity of such documents.The conclusions were predictable,but as there were no fixed rules to invoke,the handling of similar cases varied from place to place.The handling of status and status-related property cases was usually consistent as reference could be made to laws and ordinances.However,officials were not bound to cite the relevant laws.Where legal references would have been inappropriate,prefectural and county-level officials would use their discretion in making a judgment.