北洋时期基层社会的缠讼:李希明与荣坤等地亩互控案

Vexatious Litigations in Local Society in the Beiyang Period:A Case Study of Lawsuits between Li Ximing and Rong Kun

北洋时期,中国近代司法改革逐渐在基层社会推行。发生在北京附近三河县与顺义县的李希明与荣坤等地亩互控案展示了基层社会缠讼的变与不变,反映了法律变迁的复杂性。该案显示了缠讼的一些特征,如诉讼时间长,涉案人员多,原被告纠缠在一起,诉讼文书多,提审次数多,各方受尽讼累。缠讼往往源于冤屈未申,涉讼者随世事变化而重启讼端,旧案受理规则与诉讼时效制度不能很好地遏制缠讼案件的受理,民间调处不能有效疏导冤屈,以及执行难问题的存在都会让缠讼不断发展。北洋时期,尚无一套有效机制来阻止一些与案件并无密切关系的个人、群体,乃至行政机关对审判进程发生影响,上级司法机关也对缠讼施加压力,涉讼者和审判官则穿梭于各种力量之间。

Modern judicial reforms were gradually carried out in local society during Beiyang periods. A case trom Shanhe and Shunyi counties nearBeijing shows changes and continuities of vexatious litigations in local society and complexities of legal transformation. In this case, Li Ximing accused Rongkun and other persons for land disputes, but Li in turn was charged by Rongkun. This case in many ways displays characteristics of vexatious litigations., it took a long time to finish; many persons were involved; the plaintiffs and the defendants were undistinguishable; the paper- work was tremendous; there were too many hearings; and all the parties tired of the lawsuits. Vexatious litigations developed because injustice could not be redressed, the parties sued again and again as the situations changed, the traditional lawsuit regulations and time limitation could not prohibited judges from accepting lawsuits, mediation in civil society could not redress the injustice either, and it was difficult to implement judgments. There was no effective mechanism to stop any individual, parties, or government institutions close to the parties from influencing the trial. The higher judicial authorities also put pressure on vexatious litigations. The parties of the case and the judges had to handle all these situations.