清代州县听讼制度一直为学界所关注,特别是对听讼制度的性质以及听讼裁断依据产生较大的争论。近来发现的清代浙江黄岩诉讼档案对进一步认识清代州县听讼制度提供了新的原始资料,一方面表明州县官在听讼中并非认真地进行讼案审理和亲自进行讼案调处,除了极少部分讼案被官府受理外,官府通常是采取各种方式抑制民众的诉讼行为;另一方面也表明州县官对讼案裁断依据上基本表现为个人的主观直觉,即使法律有明文规定也基本不依法裁断,并且在讼案裁断过程中知县也不依据情理进行调处息讼的活动。 The lawsuit system in counties and counties in Qing Dynasty has always been of concern to academics, especially the nature of the lawsuit system and the basis for hearing the case. The recently found Zhejiang Huangyan lawsuit files of the Qing Dynasty provided new source materials for further understanding of the state court hearing system in the Qing Dynasty. On the one hand, state magistrates and prefectures in the hearing did not seriously carry out the trial and litigation mediation, A small number of litigation cases are accepted by the government, the government usually adopts various ways to suppress public litigation. On the other hand, it also shows that the prefectural magistrate’s basic performance on the basis of the litigation is personal subjective intuition, even if the law expressly provides Basically not ruled by law, and in the process of determining the case magistrate is not based on the reason to mediation litigation activities.