利民沙案与清代江苏沙田民事法秩序之构建

The Profitable Tidal Land Cases and Creation of Qing Tidal Land Civil Law Order in Jiangsu Province

清代江苏沿江滨海沙田广袤,涨塌不时,争沙讼案频发。元明时期国家以包税制处理沙案,介入沙田分配不深。清代既循前朝旧例,又增设基层政区,强化沙地管理,在照顾包税制下以新补塌旧有做法的同时,积极立法,对超额新涨沙洲实行"公有召买",并在司法中细致操作,深度介入沙田分配。在利民沙讼争中,经过京控和督抚重审的屡次诉讼博弈,国家逐渐克服了基层区书舞弊和厅县偏袒的影响,公正地厘清了当事各方的权利关系,实现了对新增沙地的"公有"管控。这说明在江苏沙田的管理上,明清时期并非一成不变。与广东沙田、湖北湖田纠纷中所呈现的传统国家"无为"景象不同,利民沙讼争的解决反映了清朝国家对沙田民事法秩序的积极构建。

In the Qing dynasty, the tidal land was widely spread in Jiangsu province. Because of land forming and disappearing frequently,this caused many lawsuits. Different from the former dynasties, Qing＇s officials who was in charge of solving the lawsuits not only followed the existed regulations, but also tightened up the management on the new land. At the same time, by active lawmaking the property--right was settled. In tidal land case, it is clear that through the dynamic games in the lawsuits, the government solidified the right-relationships between different main benefits,and accomplished the management for the new land. All these things reflected the complicated features between the state and the regional society in the Qing dynasty.