清水江文书中纠纷解决的价值取向研究

Values Underlying Disputes Settlement in Traditional Chinese Society as Seen in Qingshuijiang Instruments

在清至民初的清水江少数民族地区,当地居民主要遵循“情”“理”“信”三种观念作为其纠纷解决的价值取向。在处理纠纷时,首先讲求“以情育人”,充分尊重纠纷双方的人格尊严,并对弱势群体给予特殊关照,体现对人性的尊重;其次讲求“以理服人”,通过订立文书契约,公正分配争议标的,并对侵权行为予以及时纠正,体现对正义的维护;最后讲求“以信取人”,通过对信守诺言行为的保护,以及对违反信用行为的惩罚,体现对诚信的追求。深藏在我国法律传统中的诸如“人性”“正义”“诚信”等这样一些与现代法治精神相符的价值观念,不仅需要我们从本土的法律文化与实践中去挖掘与探寻,亦应当成为现代“法治中国”建设的来源与基础。

from the Qing Dynasty to the early Republican period,the minority people living in the Qingshuijiang area had always adhered to three principles in settling disputes,namely,respect for human feelings,appeal to reason,and judgement by creditability.That is,they would give due respect to the personal dignity of the parties involved,especially the weaker party;they would appeal to reason and make just and fair arbitration through written agreements or contracts to ensure that any act by one party that violated the rights of the other party was stopped in time and justice was meted out to all parties involved;they world give credit to those who kept their words,and punish those who betrayed their commitments so that honesty became a common virtue.Underlying these principles were important values like“humanity”“justice”and “creditability”that were highly treasured in China’s legal tradition,values that are in conformity with the spirit of modern law.They should be made use of in today’s legal practice and become a basis for realizing the rule of law in China today.