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中国传统法律的“文本意义”与“实践价值”历来相去甚远 ,而传统法律文化研究中的“大一统”色彩 ,遮蔽了不同地理历史条件下生成的独特的地域文化。明清时期的徽州地域环境中形成和发展起来的徽州地域法律文化对解构中国传统法律文化具有标本价值。本文以记载明末天启、崇祯年间潘余两姓的一桩官司文书———《不平鸣稿》为中心 ,辑录了该稿所收文书 ,描述了两姓之间“六年三讼”的大体历程 ,详述了纠纷的缘起和最终解决之道及其双方所体现的诉讼意识 ,并认为 :在明末徽州民间纠纷的解决过程中 ,民间权威人物的影响已经远不如明初 ,乡民之间的互让互谅往往导致纠纷的最终解决 ,并据此对学界关于明清徽州人擅讼、健讼观点提出质疑。
The “textual meaning” and “practical value” of Chinese traditional law have always been far apart. However, the “grand unification” of traditional legal culture has covered the unique geographical culture generated under different geographical and historical conditions. The regional legal culture of Huizhou, formed and developed in the regional environment of Huizhou in Ming and Qing Dynasties, has the value of specimen deconstructing the traditional Chinese legal culture. This article records the lawsuit document “Ungrazed Narrative” of Pan Yu Liangxian during the Ming and Qing dynasties, and collects the documents received by the manuscript describing the “six years of three suits” between two surnames General process, detailing the origin of the dispute and the final solution and the litigation awareness embodied by both parties. In the process of settling the civil disputes in Huizhou in the late Ming Dynasty, the influence of the non-governmental authoritative figures is far less than that of the early Ming and the villagers Between the mutual understanding and accommodation often lead to the final settlement of disputes, and accordingly on the academic circles about the Ming and Qing Dynasties Huizhou arbiter suit, advocate the views of lawsuits questioned.