在明清时期,典卖土地通常不仅在契约上写明土地的四至,而且还要凭中勘查定界。如果土地界址不明,地邻双方通过协商、求助亲族地邻或乡绅的调停或到官府控告等方式予以解决。地方官在审理土地诉讼时,脑子中就有“民人合法财产不受侵犯”的原则,他们听讼的主要精力花在收集证据上。至于地方官依据情理或者习惯处理土地的争端,是在遵守法律的前提下,为了更好地化解纠纷,做到案结事了。 During the Ming and Qing dynasties, land sales generally included not only the four to the land but also the middle land. If the land boundary is not known, both neighbors and neighbors will seek help through mediation by their neighbors or gentry or through solicitation by officials. Local officials in the trial of land litigation, the mind has “the legitimate property of the people inviolable ” principle, the main energy of their hearing is spent on the collection of evidence. As for the land administrations’ handling of land disputes on the basis of their feelings or habits, they did so in order to better resolve disputes and comply with the law.