论文部分内容阅读
景德镇是著名的瓷业移民城镇,明清时期,由于瓷业生产和贸易繁盛,来自全国各地移民以血缘和地缘为纽带在景德镇创办了以会馆和书院为主要承载的公产。这些公产担负着救济同乡、联络乡谊的意义,也诠释了中国传统社会慈善理念。但近代以来,由于制瓷业衰退和社会转型,同乡公产救济功能大为削减。民国后期,同乡公产在失去传统救济功能后,仅通过租赁来维系。随着局势稳定和生产恢复,原有的租赁问题由于同乡关系和个人私利产生纠纷,进而引起相关方矛盾。在财产纠纷中,以公共利益为借口既能实现个人利益最大化,又能取得道德认同的优势,且在法律诉讼中处于有利的地位。公产纠纷中的复杂关系让案件本身变得无足轻重,更多凸显出诉讼各方利用私人情谊、同乡关系所展开的复杂利益博弈。
Jingdezhen is a famous town of porcelain immigrants. During the Ming and Qing Dynasties, due to the flourishing production and trade of porcelain, immigrants from all over the country set up public houses with main hall and academy in Jingdezhen by means of blood and geopolitical ties. These public goods take on the significance of helping the fellow countrymen and contacting the township friendship and also explain the philanthropic concept of traditional Chinese society. However, since the modern times, due to the recession of the porcelain industry and social transformation, the relief function of the property for fellow citizens has been greatly reduced. In the latter part of the Republic of China, after the loss of traditional relief functions, the commonwealth property was only maintained by leasing. With the stabilization of the situation and the restoration of production, the existing leasing problems caused disputes among the fellow villagers and their personal interests, which in turn caused conflicts among relevant parties. In the property disputes, taking the public interest as an excuse can not only maximize the personal interests, but also gain the advantages of moral identity, and in legal proceedings in a favorable position. The complicated relationship in public disputes makes the case itself insignificant, and more highlights the complicated interest game initiated by all parties involved in litigation using personal friendship and home-country relations.