论文部分内容阅读
古代中国的纠纷是否有权利作为诉求的依托,在诉讼过程中的策略到底如何,这些私密性较强的问题在档案文书中不太能寻求到明确的答案,但诉讼当事人的日记却能够展示部分信息。清康熙年间的《畏斋日记》记录了作者所属村落与邻村的数次纠纷,并且交代了纠纷的起源和纠纷处理的过程。通过分析记载的内容,并结合事实,分析出日记所记载的纠纷背后有纠纷双方明确的权利认知,但在进入解纷程序后,双方都放弃了权利话语,转而采用道德话语。而民间解纷程序很快被双方抛弃,双方都试图通过政治权威来实现诉讼的胜利,维护各自的私利,而非双方私下协商时所确立的权利。
Whether the disputes in ancient China had the right as the basis for their claims or not and what the tactics were in the process of litigation could not find a clear answer in the archives. However, the litigants’ diaries could show some information. During the Qing Emperor Kangxi’s “diarrhea diaries” recorded several disputes between the author’s village and the neighboring villages, and explained the origins of the dispute and the process of dispute resolution. By analyzing the recorded contents and combining the facts, it is analyzed that there are clear cognitions of the rights of the parties behind the disputes recorded in the diaries. However, after entering the procedure of dispute settlement, both sides have given up their rights discourses instead of adopting moral discourse. The civil dispute resolution process was quickly abandoned by both parties, and both sides sought to achieve the victory of the lawsuit through political authority and safeguard their own private interests rather than the rights established during the private negotiations between the two sides.