纸与诉讼——明代问囚纳纸例的演变

Paper and Litigation:The Evolution of the Rule of Paper Submission by Case Involved Personal during the Ming Dynasty

明初中央各部院用纸多用刑部“赃罚钞”购买,洪武末,允准刑部问囚纳纸以补纸张不足。正统时,巡按监察御史、分巡按察使、布政司理问所及府州县卫所也在听讼中获得纳纸权。纳纸对象由起初的有罪者逐渐扩大到原被告及案件牵连者,并在成化时合法化。从天顺时起,诉讼纳纸由本色互折转向折纳银、米,后在实践中形成二成本色、八成折色的模式,且折色逐渐成为地方财政的构成部分。纳纸与诉讼密切相关,纸价却被衙役和纸铺商操控,因此,地方官府出于公私利益而维持诉讼规模。

At the beginning of the Ming Dynasty,the central ministries mainly purchase paper with the confiscated funds for usage.By the end of Hongwu period,the Ministry of Law was allowed to collect paper from the prisoners to make up the lack of paper.In the period of Zhengtong,the supervisory imperial sensors,the divisional supervisory commissioners,the provincial law courts,and the law offices in prefecture,county,and garrison levels also obtained authority to collect paper from the case involved personal.The submitters of paper gradually expanded from the prisoners to both accusers,the accused,and those involved in the case in other manners,and such a practice became legalized in Chenghua period.From Tianshun period,paper submission changed from submitting actual paper to silver and rice,and then formed a pattern of 20%paper with 80%silver and rice in practice.Gradually,this kind of silver and rice became a regular part of local financial income.Since the paper price was controlled by yamen runners and paper dealers which means interests involved,the local governments inclined to maintain law suits in certain scale.