唐代判文中的基層社會秩序與訴訟

Abstract

本文從《文苑英華》、白居易《百道判》、元稹判、出土文書判中，涉及基層社會的判文，觀察當中呈現的地方百姓糾紛、鄰里舉報、官民衝突，以及官方因公務而糾舉百姓之議題。百姓因財物、肢體衝突、殺人誣告、和鄰人通姦生子、環境干擾而引發雙方糾紛。此類判文中，鄰里之間的情誼與和諧非試判者的主要考量，大多依照犯罪事實、考量過失或故意，依法進行裁決。判文中常見鄉里鄰人舉報他人，此源於伍保制下鄰人有互相監督糾察的義務。唐律亦設專條，知伍保內有犯死罪、流罪、徒罪而不糾者將受懲罰，為了自保，鄉里之間頻頻糾舉各種違法情事。試判者多保持寬刑、息訟的態度處理鄰里舉報，不時亦斥責鄰人妄糾。官民衝突判中，監臨官收取屬吏百姓的餽贈，恐有敗壞官箴之嫌，然而試判者考量收受者並無貪念，雖不合唐律規定，更貼近社會現實。官員施政只要符合儒家價值觀，即使有違反法律之處，試判者都支持官員；官民互訴時，縱然官員有理，試判者基於息訟的立場，反對官告民。若百姓因拷訊、受刑導致死傷，只要官員依法行刑就無罪。國家以戶籍和授田支配百姓，此類判文反映官方對於制度和法令的維護。唐律規定部內田疇荒蕪，州縣長官將受懲處，故判文中出現地方官對百姓的惰農、惰業之糾。地方長官有貢舉百姓之責，並附有連帶保證責任，當地方上出現倨傲無禮、資格不符、拒不入仕的百姓時，反映刺史在選人舉材時面臨的各種狀況。This doctoral dissertation examines literary judgments from various sources, including"Wenyuan Yinghua", Bai Juyi's "Baidao Legal Precedent", Yuan Zhen's judgements, and Dunhuang Manuscripts, focusing on cases involving grassroots society during the Tang Dynasty. It observes disputes among local residents, neighborly reports, conflicts between officials and civilians, as well as issues where officials report citizens due to official duties. Common disputes among citizens arise from conflicts over property, physical altercations, false accusations of murder, adultery and childbirth with neighbors, and environmental disturbances. In such cases, the literati's primary consideration was not the harmony and friendship among neighbors. They made rulings according to the law, taking into account the factual evidence of the crimes, and assessing negligence or intent. Literary judgments frequently depict instances of neighbors reporting on one another. This stems from the mutual duty of supervision and reporting among neighbors under the Wubo system. The Tang Code also included provisions that punished those who were aware of but failed to report seriouscrimes, such as capital offenses, banishment, or hard labor, within the Wubo neighborhood. To protect themselves, neighbors often reported various illegal activities. Literati often adopted a lenient and conciliatory approach when dealing with neighborly reports, occasionally admonishing neighbors for frivolous accusations.In cases of conflicts between officialsand civilians, there are instances where supervisory officials accepted gifts from their subordinates and citizens. Although this practice might be seen as detrimental to official integrity, literati considered whether the recipient had any greedy intentions. Despite not adhering strictly to the Tang Code, this approach aligned more closely with societal reality. Officials' governance actions that aligned with Confucian values often received support from literati, even if they deviated from the law. In cases where officials and citizens were in dispute, literati, due to their stance on minimizing litigation, tended to oppose officials suing citizens. If citizens suffered injury or death due to torture or punishment, as long as the officials executed the punishment according to the law, they were deemed innocent. The state controlled the population through household registrations and land allocation, and these literary judgments reflect the authorities' maintenance of these systems and regulations. The Tang Code stipulated that if fields within a department's jurisdiction were left uncultivated, the local officials would face punishment. Therefore, literary judgments include cases where local officials reprimanded citizens for neglecting farming and their respective professions. Local officials had the responsibility of recommending citizens for working on the civil service and were held accountable for their behavior. Instances of arrogant unqualified, or those who refused official positions among the local population reveal the challenges that provincial officials faced when selecting and appointing individuals.