从《南部档案》看清代州县的生员诉讼

The Litigation Activities of Shengyuan (生员) in the Prefectures and Counties in Qing Dynasty Seen from Nanbu (南部) Archives

吴佩林(WU Pei-lin) ； 白莎莎(BAI Sha-sha)

《史学集刊》 187期 (2020/03) Pp. 31-43

摘要

有清一代，生员的诉讼程序不同于一般民人，他们在收状、问讯等环节享有一定优待，但对其呈词则有加盖儒学戳记之类的诸多要求。律例明确限定了生员的呈告资格及告呈范围，并利用“五生互结”、州县官监督、教官举报等方式约束生员的活动，但制度上的规定与档案所反映的社会实际多有悖离。生员除了因“切己”之事而涉案外，也会主动或被动地参与到亲朋友邻、家族、基层等“不干己”的案件之中。生员涉案的动机虽有谋取私利的情况，但也有维护邻里、家族等小范围秩序的一面。特别是清末办团练、设公局以来，生员参与地方公共事务，在一定程度上分担了州县官在地方治理中的压力。州县官在处理这些案件时，会综合考虑法律规定、案件事实及生员涉案动机等因素，做出合乎情理的审断。生员诉讼背后反映出的不仅是基层社会中官、绅、民之间的交流与博弈，也折射出清末地方社会经济状况及地方社会权力构造的变化等问题。

關鍵字

清代州县 ； 生员 ； 诉讼 ； 《南部档案》

並列摘要

The legal procedure of Shengyuan (生员, scholars) was different from that of ordinary people in Qing Dynasty. They had some privileges in filing lawsuits and trials. In addition, their written complaints were required to be stamped with Confucian seal. The regulations of the government clearly defined the qualification and scope of the submission of Shengyuan s lawsuits, and restricted their activities by means of Wusheng Hujie (五生互结) , county magistrates ＂supervision and instructors＂ reports, but these regulations often deviated from the social realities reflected in the archives. In addition to being involved in their own cases, Shengyuan would also actively or passively participate in the cases concerning their relatives, clans, friends, and even the grassroots affairs. Although Shengyuan involved in lawsuits were motivated by seeking personal gain, they were also motivated by maintaining the order of their neighborhoods and clans. They had participated in local public affairs and lessened the pressures of the county officials in local governance to some extent since such public organizations as Tuanlian (团练) and Gongju (公局) were established in Late Qing. When dealing with these cases, the local officials would make reasonable judgment taking into account the legal provisions, the facts of the case, and the motivation of Shengyuan comprehensively. The litigations of Shengyuan indicate not only the interactions and conflicts among the officials, gentry and common people, but also the local social and economic conditions, and the change of local power structures at that time.

並列關鍵字

prefectures and counties in Qing Dynasty ； Shengyuan(生员, scholar) ； litigation ； Nanbu (南部) Archives