晚清循化厅民间“细故”的审理与调解

Trial and Mediation of Civil Disputes in Xunhua Ting in the Late Qing Dynasty

晚清循化厅大量的"细故"案件绝大多数止步于诉讼程序的"中间阶段",经由民间调解的主动或被动介入和息具结。多重因素合力下循化厅衙门对此情形乐见其成。面对高昂的诉讼成本,"两造"经过切实的利益考量通常也会在对簿公堂前息事宁人。虽然"细故"这类争讼由民间调节根植于地方传统,也是行之有效的,但民间社会缺乏强有力的共同体将所有纠纷在内部化解,仍需凌驾于各分散主体之上的权威,因此官府的力量不可或缺。

Some civil lawsuits entered the official program with pleadings,but most of them stopped at the"intermediate stage"of the proceedings and reached a deal through active or passive civil mediation.Numerous practical factors determined the magistrates’favorable attitude to see that happen.The high litigation cost forced litigants to consider carefully the necessity of court trial presided by the magistrate.Although,civil mediation of civil disputes had deep social foundation in these ethnic areas,and was practical and effective,local society lacked a strong community to resolve all disputes internally and still needed the authority over all dispersed subjects,so the power of the state was indispensable.