清代“改土归流”前后的民间纠纷与社会秩序——基于湘西苗疆失范与规范的考量

Civil Disputes and Social Order before and after“Bureaucratization of Native Officers”in Qing Dynasty——Take the Anomie and Norm of Xiangxi-Miaojiang Region as the Viewpoint

改土归流前,明代和清初对湘西苗疆民间纠纷的解决机制仍然以民间力量与“苗例”为主;改土归流后到乾嘉苗变,“苗例”成为“官法”处理苗疆民间纠纷的重要补充;乾嘉苗变后至清末,苗疆民间纠纷解决机制仍以民间调解为主,乡约、寨长、族长等民间力量和“神判”方式有效解决了苗疆民间纠纷,“苗官制”则在民间纠纷解决上增加了官方力量,强化了对苗疆社会的控制。三阶段的考察表明,在苗疆社会“失范”与“规范”的反复过程中,清政府灵活运用“官法”和“苗例”解决苗疆民间纠纷,逐渐完成了对湘西苗疆社会秩序的控制,最终将湘西苗疆纳入到国家政治治理体系中。

Before the Bureaucratization of Native Officers,in Ming Dynasty and early Qing Dynasty, the settlement mechanism of civil disputes in Miaojiang was still based on the folk power and Miao cases. After the Bureaucratization of Native Officers to the Qianjia Miao Uprising, the “Miao cases” became an important supplement to the “official laws”to deal with civil disputes in the Miaojiang. Qianjia seedlings after change to the late Qing Dynasty,the settlement mechanism of civil disputes in Miaojiang is still mainly based on civil mediation. Folk forces such as village contracts, village heads and chiefs and “god judgment” have effectively solved civil disputes in Miaojiang.“Miao Official System”, on the civil dispute resolution increased the official power, strengthen the scenic zone of social control.After three stages of investigation, it was concluded that,in the repeated process of “anomie” and “norm”in the Miaojiang society, the Qing government flexibly used “official law”and“Miao cases” to solve the civil disputes in the Miaojiang, gradually completed the control of the social order of the Miaojiang in the west of Hunan, and finally incorporated the Miaojiang in the national political governance system.