"Fujian Litigation" is the words often appeared in various historical books in Fujian Province in the Qing Dynasty，"Fujian Province Vulgar Diao Diao，Hi fight for litigation "," folk customs are good lawsuits "," Fujian and customs ", etc.、Collection of officials、"Fujian Province" and other documents。When previous scholars discussed the social history of the Fujian province in the Qing Dynasty，Frequently citing the conclusion of the "Fujian people"。In the process of studying the judicial practice of Fujian in the Qing Dynasty，It is found that there is a rich social connotation behind the "Fujian people's litigation"。The word is not simply summarizing the legal behavior of gentlemen and people，It is not exactly the "discourse" for local officials to shirk the responsibility of poor social governance in the grassroots level。This phenomenon is that officials are gradually moving towards the recent Qing Dynasty，Facing the increasing economic activities of the people、The increasing consciousness of rights，and grass -roots judicial system defects，Hope to combine the law with morality，Attempts to achieve effectively maintaining local social order，It is also a side manifestation that officials work hard when they face the dilemma of governance。

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Fujian officials criticize the people "health litigation"，Most of them are because the people are everywhere、Marriage、Tian、Turkey and so on.，Similar "just compete for some less money, Mitian House，As a result of each other，Everlasting revenge "all over the local government of various prefectures and counties in Fujian, Fujian。The author takes the local Zhi Zhi of the Qing Dynasty as a blueprint，Organized 224 cases of litigation，Discover 38 of the fights，accounting bet365 best casino games for 16.9%of the total;，accounting for 16.4%of the total; 35 fields，accounted for 15.6%of the total; 32 water conservancy disputes，accounting for 14.2%。Tian soil、Water conservancy dispute is directly related to the lives of the people，Fighting、The picture is the form of dispute development，Fortunately is also field soil、Water conservancy resources。Visible，Fujian province's litigation in the Qing Dynasty a lot is related to the people for the people for survival resources。"Fujian Province" is called，"Tu Lai" and other disputes "half is forced by hunger and cold，Moved by Evil Habits "，It is the "Rather Day Fanbian，Livelihood Day，The rich man cut the accumulation committee and knows it，The results of the poor and the poor are worried and unpredictable "。

The contradictory contradictions in Fujian in the Qing Dynasty have affected the normal life of the people。According to Liang Fangzhong's research，Qing Shunzhi 18 years，Fujian's population density is 12.48 people per square kilometer，Xianfeng rose to 172.31 in the first year。but，The number of fields does not increase。During Minghongzhi，There are more than 1351,000 acres of farming in Fujian Province，Qing Xianfeng only 13.06 million mu。The expansion of the population and the lack of land resources have triggered a living problem。Under the background of the contradictory of the tense people，Fujian gentleman and people planted economy crops，so as to get more income，Even leave the land，Started business activities。35 years of Kangxi，Wang Tingzheng sighed when he served as Tingzhou Prefecture，The people of Tingzhou and other prefectures are in the context of "incomplete food for the people"，Start planting tobacco and other economic crops，"Several times the interest he has obtained is more than the crowd"，So the "Ten House of Smokes Ten Houses of Smoking Three and Fourth"。The Yongzheng Dynasty Lan Dingyuan said in the "On the Book of Nanyang"，"Fujian and Guang people Bet365 app download are thick and narrow，The countryside is not enough to farm，Wanghai Mind Life，Ten Residence Five Six "。Planting of economic crops、Buying and selling and overseas trade causes the Fujian folk business activities on the Qing Dynasty to be more，Disputes of gentlemen and people naturally increased their disputes around economic activities，This has exacerbated the frequency of the occurrence of local social litigation，Criticism caused by local officials' "litigation" increasingly increased。

Visible，Fujian officials' "health litigation" criticism is directly related to the intense survival resources and active business atmosphere of Fujian in the Qing Dynasty。Under such a social background，Fujian officials If you seriously handle each field、Money and wealth disputes in competition，It will greatly increase the government burden，So they chose more cost -saving social governance methods。Strengthening the criticism of "health litigation" is to hope through moral publicity，"Soft interpersonal relationship、Adjust the people's mood、Reduce personal desire、Soothing the individual's mind "，Finally established a set of "German and Law Governance" mechanism for moral auxiliary social governance。So local officials keep promoting the lawsuit，Criticizing the "Jian Litigation"，I hope to arouse the people's moral shame，Finally, because of "fear" or "repentance", stay away from litigation。The discourse of "Jianju" expresses the dilemma of the official governance，and the strategy of hoping to reduce civil disputes with moral constraints。

　　Moral mediation reduces financial burden

Although the "health litigation" criticism of the moral integration of law，Let some gentlemen away from litigation，But the role that only rely on Confucian ideas can not play greatly。"The top of the mountain has colonized，Jiangzhong Zhanzhong Zakian，Lao Lin in Central Sichuan，Miao Cave has been opened in Shenzhen，Not enough to raise，The power of the heavens and the earth is poor "，persuaded Bet365 lotto review the people to "take peace as expensive"，Don't guarantee your own survival resources，Is it impossible to serve the public。So，Fujian officials except for the criticism of "health litigation"，Make full use of the township、clan and other grass -roots organizations assist in resolving disputes。Such as "Fujian Province" record，"If there are horn in the tribe, there is a minor accident，That is, the release of the admonition is released，Do not involve the litigation "。If the mediation system is built and operates proper，Officials can avoid the trouble of accumulating cases，People can avoid the burden of litigation，Such a win -win situation will jointly construct a local litigation environment of "no litigation" or "litigation"。But during the mediation process，But the problem is frequent。

On the one hand，Mediation cannot completely avoid litigation。The government of the Qing Dynasty did not include mediation in government finance preparation，The public needs the corresponding expenses for mediation activities。Zhang Zhongli's research pointed out，The "employment fee" obtained by helping local people mediate disputes is a source of income for local gentlemen。The design principle of the Social mediation system of the Qing Dynasty is "realizing harmony，instead of distinguishing between right and wrong "，Dispute parties have not resolved the root cause of the conflict，The possibility of fighting in the future is extremely great。This has caused a lot of gentlemen to encounter disputes or choose to resort to the government。

On the other hand，Merchants are hard to find。Due to the lack of official institutional guarantee，Frequently leading to the mediation person's affected by mediation。Rudo Shao Wusheng's Gongsheng encountered "neighbors"，"Solving the bag to rest"; Gong Shengying Yingbiao to help the neighbors resolve disputes，"or not counting money with money"。Although Fang Zhi promotes "self -funding and solution" as a local "righteous bet365 best casino games bank"，But under the circumstances of the number of lawsuits，If the fiscal support of an anarchy，Local mediation personnel also have no financial resources to maintain long -term mediation work。Once the mediation is improper，The mediation person may still be involved in the lawsuit。For example，June 32 years of Qianlong，During the economic disputes of Yang Xingbo and others in Jian'an County, Fujian Jian'an County,，accidentally hurt Yang Xingbo，Finally sentenced "Guning Supervisor"。

Although there are many problems in the "health litigation" by leaning on the mediation，But compared to increasing the financial burden brought by government lawsuit，Fujian officials still tend to continue supporting the development of local mediation systems in various ways。Like the Nine -year -old Taiwan Tamsui Palace, a poke was sent to the patriarch of the family，Life "If you have any details，Elimination of interest "，Let the local mediation have a certain semi -official color。Fujian officials at this time hope to use the moral integration system，Make up for the lack of local judicial system，Then reduce folk disputes。

　　Confucian quotient and the integration of morality and economy

In addition to the criticism of "health litigation" and encourage local mediation，Fujian officials also realize that it is limited to rely on morality and institutional effects，To reduce disputes, you need to relieve the survival crisis of gentlemen and people。Just as Feng Menglong was called in Shouning County, Fujian at the end of the Ming Dynasty，Solve the people's food and clothing，can avoid the people taking risks for their livelihoods，Go to Litigation，That is "Dangerous Walking Collection，can make no pirate; widening its tax，can make no hunger; save its 谳牍，can make no litigation。So，Fujian officials have accepted the increasing commercial environment of Fujian in the Qing Dynasty，Encourage private business development，Relieve the crisis of survival。Wang Tingyu During the Tingzhou period，Flood soldiers who are ordered to severely punish the bet365 live casino games "accumulating business" and "掯"，Create a business environment; when Xu Zonggan govern Taiwan，Repeatedly expressed "rich households" is the vitality of the local，Local officials will "keep rich"，And good at "Lianfu Governance"。These policies and practices jointly promoted the development of Fujian Industry and Commerce in the Qing Dynasty。

But encouraged business development，It will still bring money on money and wealth competition。So，Fujian officials widely publicize the combination of Confucian merchants，Through private school、clan penetration of Confucian ideas，Require businessmen to comply with。The businessmen of the Zou clan of the Four Fort Fujian Fort in Fujian are the clan specifications in the "Family Training" as the Conduct of the Conduct，"Although the nephew of Zhu Kun is a businessman，and graceful and humble than bachelor "。A large number of businessmen who record "abandoned Confucianism" in various documents，Encourage Confucian merchants to combine。Final，"Confucian merchants" has become an important cultural characteristics of Fujian businessmen in the Ming and Qing Dynasties。

Guarantee local business development，To a certain extent, it eases the current situation of the intense survival resources of Fujian in the Qing Dynasty。Economy with moral integration，Encourage Confucian merchants to combine，Ideas has reduced the consciousness of people's contests。This is an attempt to resolve the local "litigation" in the Qing Dynasty.。

To sum up，Although the evaluation of the "health litigation" is spread all over the history of the provinces of the Qing Dynasty，Many scholars also think that "health litigation" is full of subjective colors，But this evaluation also expresses the dilemma of the official governance。Fujian in Fujian in the Qing Dynasty，Criticism by officials by "health litigation"，Explore the combination of morality、System、Society，to alleviate the insufficient local judicial system and the fiscal crisis，Efforts bet365 Play online games to achieve effective governance of local society。So，The "health litigation" in the Qing Dynasty was not exactly the strategy of officials and hoping to shirk the responsibility of poor local social governance with the criticality of the folk customs，It also expresses all the efforts that officials want to break through the dilemma，Understanding this official gentleman's words is of great significance for the study of legal social history in the Qing Dynasty。

　　(This article is the Youth Project of the Humanities and Social Science Fund of the Ministry of Education "Fujian Provincial Civil Disputes and its His Haijiang Social Governance" (16yjc770030)、Fujian Province Outstanding Youth Scientific Research Talent Training Program (Fujian Education (2017) No. 52)

(Author Unit: Jiageng College of Xiamen University)