禁赌碑与乡规民约——以清代陕西安康地区为中心

The Stele of Gamble-Banning and Village Rules——With Case-Study of Steles in Ankang Area

乡村社会中,禁赌是村民必须共同遵守的禁止性乡规民约。禁赌碑是乡规民约固化的结果,它在社会治理过程中是以习惯法的形式执行着部分封建国法的职能。清代安康地区的禁赌碑文表明,乡民们对赌博的危害认识非常深刻,常常捐资立会,结社禁赌。违禁惩处时,以经济惩罚为主。罚戏是民间禁赌的智慧手段,体现着乡村自治的能力和水平。禁长、乡约是禁赌活动中的监督者和执法者,他们的村民身份使得禁赌执法时带有强烈的乡村社会自我管理性质。

In the rural society,gamble-banning was one of prohibitive village rules.The steles of gamble-banning were the result of the local custom solidification,which carried out part of the functions of the feudal state law in the form of customary law in the process of social governance.The gambling inscription in An-kang area in Qing Dynasty showed that the villagers were very deeply aware of the harm of gambling,and often donated funds and banned gambling.When someone was punished for breaking the village regulations and agreements,they were often punished with economic punishment.(gambler pay to play as punishment)was the wisdom means,which reflected the ability and level of village autonomy.(The President of the banned gambling group)and(a village administrator)were the supervisor and folk law-executor of the forbidden gambling activities,and their villager s identity made the anti-gambling activities with strong rural social self-management nature.