明清调解制度及其对基层社会治理的启示

The Mediation System in Ming and Qing Dynasties and Its Implications for Grassroots Governance

中国古代民间调解一般分为亲邻调解、宗族调解和乡里调解三类,而乡里调解是具备"半官方"特点的一种。乡里调解最初萌芽于原始部落,采用协商的方式解决纠纷,至明初《教民榜文》颁行则以法定调解制度的形式被固定下来。虽榜文最后被废除,但这种伴有官方权威特色的调解方式已深入人心,并不断被延用,且仍对现代基层社会治理具有不可小觑的影响。

In ancient China,folk mediation can be generally divided into three genres：neighborhood mediation,phyla mediation and village mediation.Among them village mediation is a semi-official channel.Village mediation originated from primitive tribes and used to settle disputes through consultation.In early Ming Dynasty,the publication of Imperial Civilized Regulations admitted the mediation system as a legal mediation system.Although it was abolished,the mediation system still works even in modern villages and hence it has a great influence in modern grassroots governance.