清代贵州苗疆民族民间纠纷解决机制与司法制度的冲突表现及其成因

The Performance and Causes of the Conflicts between the Civil Dispute Settlement Mechanism and Judicial System of Guizhou Miao Ethnic Group Area in Qing Dynasty

清代贵州苗疆是一个集合多种要素的司法场域,苗人遇有民间纠纷或轻微刑事犯罪,固然有向官府告讼的情况,却由于语言不通、书写困难、缺乏费用、交通梗阻等因素,使得司法审判在贵州苗疆,尤其是“生苗区”判案不多,主要依靠民族民间纠纷解决机制调处纠纷和裁审犯罪。清代贵州苗疆的民族民间纠纷解决机制与司法制度既有冲突又有配合,共同构成该域多元复合的审判与解纠机制,二者的冲突主要表现在价值追求、裁审依据和审执程序等方面,其主要原因为经济基础、法制观念与民族文化等差异。

In the Qing Dynasty, Guizhou Miao ethnic group area was a judicial place with multiple elements. When the Miao people encountered civil disputes or minor crimes, although they would suit the cases to the government, because of problems like different languages, writing difficulties, lack of fees, and transportation. obstruction and other factors, the judicial trials in Guizhou Miao ethnic group area, especially in the less developed Miao area, and therefore the mediation of disputes and convictions of criminals mainly relied on the civil dispute resolution mechanisms. In the Qing Dynasty, the national civil dispute resolution mechanism of Guizhou Miao ethnic group area had conflicts and cooperation with the judicial system, which together constituted the multi-complex trial and correction mechanism of the domain. The conflict between the two was mainly manifested in the pursuit of value, the basis for review and the judgment, and the process of judgement and execution., which lies its foundation on the differences in economic base, legal concept and national culture.