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通过对赣南地方志《风俗》中“诉讼”资料的梳理发现,清代赣南地方社会呈现出健讼的历史图景。留存的判牍,清晰地显现了讼案的原貌,真实地展现出诉讼的实态,是当时地方社会生活的真实写照。健讼,实质上是民众在国家控制的场域下对自身利益诉求的表达与实践,也是基层社会秩序冲突与控制的过程。面对复杂的健讼问题,官方与民间发挥各自的功能进行社会控制,这是国家与社会互动、法律体系在地方社会实践的重要见证。
Through sorting out the “litigation ” information in the “custom” of Gannan local history records, it is found that the southern Jiangxi local society in the Qing Dynasty presented a historical picture of the lawsuit. The judgment of surviving clearly shows the original appearance of the litigation case and shows the real state of the litigation truthfully, which is a true portrayal of the local social life at that time. In essence, the lawsuit is the expression and practice of people’s appeals for their interests under the field controlled by the state, as well as the process of conflict and control of grass-roots social order. Faced with complicated litigation issues, both the government and the people play their respective roles in social control. This is an important testimony that the state interacts with the society and the legal system is practiced in the local community.