【作者】 朱文慧；

【导师】 范立舟；

【作者基本信息】 暨南大学 ， 中国古代史， 2011， 博士

【摘要】 民间纠纷及其解决途径关涉到基层社会秩序与法律文化、民众心理诸层面,是观察社会变迁的窗口。而南宋东南地区具有独特的时代特质与地域整体性特点,是开展本问题研究的较为合适的范围。本文以南宋东南地区民间纠纷及其解决途径为切入点,考察南宋社会变迁与法律文化。“民风好讼”是南宋东南地区突出的社会现象,既是社会变迁的结果,也存在着制度方面的动因。士大夫对“好讼”现象的认识,反映了他们的理想与社会现实之间的冲突,也是他们在诉讼审理中采取策略的依据。而影响诉讼的诸因素包括制度性因素,士大夫的素养、胥吏介入等人为因素,以及检验等技术性因素。民间纠纷的调解解决途径可以分为官府调解和民间调解两种模式。官府调解为士大夫在审理亲邻类纠纷时优先考虑,在南宋时呈现制度化趋向。基于对诉讼成本的考虑,民众可能更倾向于民间调解方式解纷。但民间调解缺乏强制力保障,常为豪民利用。民间纠纷以及民间调解反映了南宋乡村社会权力构成及秩序。在士大夫眼中,由豪民主导的乡村社会呈现一种“失序”状态。而这正是促使理学家重构基层社会秩序的重要原因。南宋东南地区民间宗教信仰与纠纷及其解决关系密切。佛道的世俗化以及特殊的时代原因导致南宋时期教俗纠纷增多。另一方面,僧、道也在积极介入民间纠纷的调解。由于民间宗教信仰对民众形成不可忽视的影响力,政府、士大夫在对其进行规制的同时,双方也展开了竞争。在这种互动关系中,儒、佛、道以及民间宗教信仰不断融合。在这样的社会环境下,处于纠纷情境中的民众会做出怎样的选择,既是对利益与外部环境理性考量的结果,也为信仰、个性等因素所影响。更多还原

【Abstract】 Civil disputes and their solution involving to grass-roots social order, legal culture and people’s psychology can act as a mirror to reflect social change. Southeastern region of Southern Sung China has unique era and regional integration characteristics, which is an appropriate area for this kind research. In this dissertation, civil disputes and their solution were taken as an entry point to study the social change and legal culture in Southern Sung China.The litigious folk custom in Southeastern region of Southern Sung China was a prominent social phenomenon which was the result of not only social change, but also system. The understanding of litigious folk custom could reflect the conflicts between scholar-bureaucrat (Shi-dafu) ideas and social realities. Moreover, it was the basis of what strategy they would take in judgement. There were several factors that can affect lawsuit, such as the quality of scholar-bureaucrat, intervening in petty officials, and the development of investigation.The mediations of civil disputes include two approaches, official mediation and civil mediation. Official mediation was given priority to the family disputes, as well as neighborhood disputes, while official mediation showed a systematic tendency in Southern Sung China. Due to the consideration of litigation costs, grass-roots would prefer the civil mediation when they got into disputes. However, civil mediation had disadvantages, e.g., lacking of mandatory protection and often being used by rich and powerful people in country society called "Hao-min". Civil mediation could reflect the power configuration of country society and its order. However, according to scholar-bureaucrat’s opinion, the country society led by Hao-min was in a disorder state, which exactly induced the Neo-Confucianism to make efforts to reconstruct the order of the county society.Folk religion was closely related to the disputes and their solution. On the one hand, the secularization of Buddhism and Taoism in Southern Sung Dynasty, as well as the special times, resulted in an increase in civil disputes between religious and common people. On the other hand, monks and Taoist priests were actively involved in the mediation of civil disputes. The influence of private religious beliefs on people can not be ignored. The government and officials regulated the folk religion; meanwhile, the two sides launched a competition. In this corelationship, Confucianism, Buddhism, Taoism and folk religion merged continuously. In such social environment, what choices grass-roots would make in civil disputes, not only decided by a rational consideration on interest and the external environment, but also affected by their beliefs and personalities.更多还原