清末甘肃循化厅应对少数民族诉讼策略探析

The Strategy to Deal with Minority Ethnic Groups' Lawsuit by Xunhua Ting,Gansu Province during the Late Qing Dynasty

循化厅针对少数民族两造的诉冤、谎状与缠讼及抗不赴讯的诉讼策略而采取相应的听讼措施。循化厅采取证据定谳、调解息讼、军事弹压及赔偿兑现等听讼策略很好地解决了两造间的纠纷。循化厅采用的听讼策略与循化厅民族杂居的社会环境及一些地方保持土流结合、政教合一的管理体制紧密相关,也与循化厅在处理案件时基于地域与血缘考虑,在处理部落、寺院与官府等错综复杂的关系中的选择有关。

As for strategies of alleging grievance,false accusation,vexatious suit,resisting to be present at court adopted by minority ethnic groups in bilateral actions of lawsuit,Xunhua Ting took corresponding strategies in hearing lawsuits,like rendering evidence,mediating,military repress,and measures to assure the compensation being paid.The lawsuit hearing strategies were closely related to Xunhua Ting's social background that different minority ethnic groups intermingled and some places retained the administration of chieftain system and theocracy institution,and also were related to consideration of geo and tribal facts in dealing the cases,as well as the choice in the complicated relations between tribes,monasteries and government.