晚清吐魯番坎兒井買賣與糾紛研究
發(fā)布時(shí)間：2018-09-12 11:27
【摘要】：坎兒井作為吐魯番地區(qū)重要的經(jīng)濟(jì)生產(chǎn)資料,頻繁被用來買賣。同治年間新疆變亂,大量客民逃亡或被戕害,使得無主之坎兒井廢棄或被他人霸占。吐魯番收復(fù)后,客民回吐認(rèn)領(lǐng)坎業(yè),故而與占有者發(fā)生歸屬糾紛。隨著吐魯番社會(huì)秩序的恢復(fù),坎兒井的修復(fù)和開挖亦走上正軌。與開挖伴隨而來的是坎兒井買賣的活躍,繼而又帶來了坎兒井糾紛增多。本文通過大量檔案材料的分析與研究,得到以下幾點(diǎn)認(rèn)識(shí):晚清吐魯番坎兒井買賣契約格式與漢地類似。買賣文書和糾紛中反映的買賣形式有:租賣、典賣和死賣。纏民和客民之間多以租賣為主,纏民之間死賣居多、租賣次之。同光年間坎兒井的交易靈活性日趨增大。坎兒井交易以貨幣為主,亦伴隨極少量的實(shí)物交易。交易價(jià)格多則幾千兩,少則幾十兩�？矁壕I賣須到官府投稅,方能得到承認(rèn),但纏民舊習(xí),買賣只蓋阿洪戳記,并不上報(bào),易滋生假約和隱稅弊端�？矁壕m紛案主要產(chǎn)生于同治變亂后,客民認(rèn)業(yè)和坎兒井的開挖與買賣中,其類型涉及:霸占、冒任、私賣、偷賣、開挖、訛詐、掏撈、偷分坎水、拖欠薪資等。調(diào)處息訟是解決坎兒井糾紛的首選方式,調(diào)處失敗,才訴諸于公堂。吐魯番同知一般將坎兒井糾紛委托于地方首領(lǐng)查處,但批銷權(quán)仍掌握在同知手中,故地方首領(lǐng)僅是奉命查辦而已。南八城田產(chǎn)買賣沿用伊斯蘭社會(huì)的傳統(tǒng)習(xí)俗,糾紛處理上采用伊斯蘭教法,宗教色彩濃厚。而吐魯番地區(qū)坎兒井買賣的契約格式則沿用魏晉以來的漢法。吐魯番收復(fù)前,札薩克制下主要采用習(xí)慣法處理糾紛,同知管轄區(qū)采用漢法;收復(fù)后,全區(qū)推行漢法。因而法制上呈現(xiàn)出國(guó)家法和習(xí)慣法相結(jié)合的地方特色。吐魯番的婦女和商人在坎兒井經(jīng)濟(jì)生活中扮演了特殊角色。大量坎兒井買賣與糾紛,不僅反映了吐魯番商品經(jīng)濟(jì)的發(fā)展水平,同時(shí)也反映了該區(qū)漢纏回的經(jīng)濟(jì)互動(dòng),呈現(xiàn)吐魯番地區(qū)的特殊性。
[Abstract]:As an important means of economic production in Turpan area, Kare well is frequently used for trading. During the period of Tongzhi Xinjiang, a large number of people fled or were killed, leaving the karmic wells abandoned or overrun by others. After Turpan's recovery, the guest people spat the claim, so ownership dispute with the occupant. With the restoration of social order in Turpan, the restoration and excavation of the well is on the right track. With the excavation is accompanied by the active trading of kale, and then brought an increase in disputes. Based on the analysis and study of a large number of archival materials, this paper obtains the following understanding: the contract format of Karm-well sale in Turpan in the late Qing Dynasty is similar to that in Han. The forms of sale and purchase reflected in documents and disputes are: rent sale, classic sale and dead sale. Pestering people and customers between more rent-based, between the people between the death of the majority, rent sales second. In the same light years, the trading flexibility of Karmi is increasing day by day. Karmi transactions are dominated by money, accompanied by a very small number of physical transactions. The trading price is several thousand two, and the few is dozens of two. Karmi business has to go to the government to pay taxes, can be recognized, but pestering the people old habits, the sale only Gaahong stamp, not reported, easy to breed false conventions and hidden tax abuses. The dispute case of Kare well mainly comes into being in the period of Tongzhi and the excavating and trading of Kare well. Its types involve: overtaking, braving, selling, digging, blackmailing, fishing, stealing water, defaulting on salary and so on. Mediation litigation is the preferred way to resolve the dispute, mediation failed to resort to court. Turpan Tongzhi generally entrusted the dispute over the well to the local chief, but the right to approve and sell was still in Tongzhi's hands, so the local leader was only ordered to investigate and deal with it. The sale and sale of land products in Nanbaicheng follow the traditional customs of Islamic society, and the dispute is handled by Sharia law, which is full of religious color. However, the contract format of Kare trading in Turpan area is the same as that of Han and France since Wei and Jin dynasties. Before Turpan's recovery, the Zazak system mainly adopted customary law to deal with disputes, and the common law was adopted in the same jurisdiction, and after recovery, the whole district carried out the Han law. Therefore, the legal system presents the local characteristics of the combination of national law and customary law. Women and businessmen in Turpan played a special role in the economic life of Karmi. A large number of sales and disputes not only reflect the level of development of Turpan commodity economy, but also reflect the economic interaction between Han and Han, presenting the particularity of Turpan region.
【學(xué)位授予單位】：新疆師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2015
【分類號(hào)】：K252
本文編號(hào)：2238866
[Abstract]:As an important means of economic production in Turpan area, Kare well is frequently used for trading. During the period of Tongzhi Xinjiang, a large number of people fled or were killed, leaving the karmic wells abandoned or overrun by others. After Turpan's recovery, the guest people spat the claim, so ownership dispute with the occupant. With the restoration of social order in Turpan, the restoration and excavation of the well is on the right track. With the excavation is accompanied by the active trading of kale, and then brought an increase in disputes. Based on the analysis and study of a large number of archival materials, this paper obtains the following understanding: the contract format of Karm-well sale in Turpan in the late Qing Dynasty is similar to that in Han. The forms of sale and purchase reflected in documents and disputes are: rent sale, classic sale and dead sale. Pestering people and customers between more rent-based, between the people between the death of the majority, rent sales second. In the same light years, the trading flexibility of Karmi is increasing day by day. Karmi transactions are dominated by money, accompanied by a very small number of physical transactions. The trading price is several thousand two, and the few is dozens of two. Karmi business has to go to the government to pay taxes, can be recognized, but pestering the people old habits, the sale only Gaahong stamp, not reported, easy to breed false conventions and hidden tax abuses. The dispute case of Kare well mainly comes into being in the period of Tongzhi and the excavating and trading of Kare well. Its types involve: overtaking, braving, selling, digging, blackmailing, fishing, stealing water, defaulting on salary and so on. Mediation litigation is the preferred way to resolve the dispute, mediation failed to resort to court. Turpan Tongzhi generally entrusted the dispute over the well to the local chief, but the right to approve and sell was still in Tongzhi's hands, so the local leader was only ordered to investigate and deal with it. The sale and sale of land products in Nanbaicheng follow the traditional customs of Islamic society, and the dispute is handled by Sharia law, which is full of religious color. However, the contract format of Kare trading in Turpan area is the same as that of Han and France since Wei and Jin dynasties. Before Turpan's recovery, the Zazak system mainly adopted customary law to deal with disputes, and the common law was adopted in the same jurisdiction, and after recovery, the whole district carried out the Han law. Therefore, the legal system presents the local characteristics of the combination of national law and customary law. Women and businessmen in Turpan played a special role in the economic life of Karmi. A large number of sales and disputes not only reflect the level of development of Turpan commodity economy, but also reflect the economic interaction between Han and Han, presenting the particularity of Turpan region.
【學(xué)位授予單位】：新疆師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2015
【分類號(hào)】：K252
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