拦留集理:清代四川民间社会的解纷之道

Containment and Mediation:The Way of Resolving Disputes in Sichuan Folk Society in Qing Dynasty

清中后期以至民国时期,四川民间社会中有一套运行流畅的解纷程序——拦留集理,该程序系由请字、拦字、息字等一系列逻辑自洽的契约文书串联起来的。该程序启动后,涉事双方及其亲邻、地方首人、衙役等都参与其中,他们在地方官的默许下,基于各自的立场,共同出演这场关于地方秩序的游戏。亲邻和团首、衙役等“代理人”竭力通过民间契约呈现出一幅地方宁安无事的图景;若此举不成,诉讼到官,双方当事人则在代书和讼师的帮助下,通过状纸塑造自己“农朴可欺”、对方“恃强横估”的形象,以博取关注,增加胜算。透过这些官、私文书,我们看到的是不同社会群体在基层纠纷解决中的行为标准和价值选择,是文本与实践之间的张力。

From the middle and late Qing Dynasty to the Republic of China,the folk society of Sichuan had a smooth process of dispute resolution,which was connected by a series of logically-consistent contract documents,such as the request contracts,the containment contracts and the settlement agreements.After the procedure was launched,the two parties involved and their clansmen and neighbors,local heads,yamen runners,etc.all participated in it,and they jointly played the game about local order based on their respective positions with the acquiescence of local officials.Clansmen,neighbors and“agents”such as local heads,yamen runners tried their best to present a picture of peace and quiet through private contracts.If it fails and the lawsuit goes to the government,the two parties will shape their own image of“simple and cowardly”and the other party“throw their weight around me”through the litigation paper to win attention and increase the chances of success with the help of the agent and the litigator.Through these official and private documents,we could see the behavioral standards and value choices of different social groups in grassroots dispute resolution,and the tension between text and practice.