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清代作为中国最后一个封建王朝,以田宅契约文书为代表的民间法相当发达,其规范着民间交易。然以律例典章为代表的国家法并不全然认可民间法的交易习惯,国家法所代表的政治权力与生活经济空间中的民间法发生冲突与调适。清代在旗民交产问题上,国家法的禁止性规定与民间交易的通行始终存在着紧张关系,清中前期国家法禁止旗民交产,但旗民交产以民间习惯规避法律的管制。至清晚期,国家法在吸收民间法关于旗民交产的规则时出现反复。直到清代被纳入民族国家体系之中,在法律改革中为化除满汉畛域才最终在旗民交产问题上达成了国家法与民间法的一致。
As the last feudal dynasty in China in the Qing Dynasty, the civil law, represented by the contractual instruments of Tianzhai, was well developed, which regulated non-governmental transactions. However, the national law, represented by statutes and regulations, does not fully recognize the trading custom of civil law. The political power represented by the national law conflicts with the civil law in the economic life of life. In the Qing Dynasty, there was always a tension between the Prohibition of State Law and the passage of non-governmental transactions in the question of intercourse between the people and the people. In the early Qing Dynasty, the state law forbade the intercourse of the people, but the people’s livelihood in the Qing dynasty avoided the legal control by means of folk customs . In the late Qing Dynasty, the national laws were repeated when they absorbed the rules of non-governmental law on the intercourse between the people and the people. It was not until the Qing Dynasty was incorporated into the nation-state system that, in the process of legal reform, it eventually reached the agreement of state law and non-governmental law on the issue of intercourse between the people and the people.