健讼的徽州地区宗族禁讼原因探析

Analysis on the Reasons for the Clan Litigation Prohibition in Huizhou Area

中国人的诉讼意识最早或可追溯到春秋战国时期,宋代开始史料中便有健讼的相关记载,至明清时期中国各地健讼之风盛行,尤其以江南为重。徽州健讼更是学界一个基本的论断,虽然此风不独为徽州所有,但所讼内容徽州却带有自身特色。然而,在全国各地普遍健讼的大背景中,徽州虽也存在事实上的争讼、健讼,但是在许多的徽州族规家法里却发现了禁讼的规定,这让人费解。宗族曾是健讼之风的推动者之一,此刻居然又有相互矛盾之举,而且徽州既然是一个宗族社会,社会风气既已如此,宗族因何要违背风气而行?要解决这个疑问,就要从社会环境、宗族和健讼本身来着手。

Chinese litigation consciousness can be traced back to the Spring and Autumn Period and the Warring States Period.From Song Dynasty,some relevant records of litigation were found in historical materials.During the Ming and Qing Dynasty,litigation prevailed in the whole country,especially in the southern area of Changjiang River.And litigation in Huizhou is basically recognized by scholars that although it is not prevailing in Huizhou area,the litigation content has its own characteristics.However,under the environment of common litigation around the country,many clan litigation prohibitions are found in many clan regulations in Huizhou area despite the fact that there exits lawsuits and litigation in Huizhou area.It is puzzling that clan has been the major supporter for litigation.The clan litigation prohibition then seems to be contradictory.Furthermore,since Huizhou is an area of tribal society,why are the clans against the social trend of litigation?To solve the problem,three aspects need to be started from:social environment,the clan and the litigation.