淸末巴縣の「健訟棍徒」何輝山と裁判的調解「憑團理剖」

Abstract

He Huishan was representative of the jiansonguntu, a figure who is frequently seen in historical sources in China after the Song era. He rose above his station in local society, utilizing the legal system established by the state to bring lawsuits in order to build up and protect his property. He effectively used the title, zhiyuan 職員 and the official title, tuanlian jianzheng 團練監正, in order to win his lawsuits. He overcome his rivals in lawsuits and continued his success as Wantiangong shoushi 萬天宮首事. He made enormous profits by controlling the rice market opened there, and collected bad debts donated using the privilege of the tuanlian and by way of lawsuit. Contracting of lawsuits on behalf of others, baolancisong 包攬詞訟, was forbidden by the state, but He was conversely able to collect debts with the help of the state in his capacity as Wantiangong shoushi. In 1866, He established the Taipingchang. He submitted a draft of the tuangui 團規 to the Ba county magistrate on the pretext of maintenance of public order in this market town. One of the provisions stipulated that a civil suit must be submitted for pingtuanlipou before being presented to the county court. Pingtuanlipou meant the tuanlian would decide the case according to reason. In Ba county at that time, most formal pingtuanlipou were conducted using arbitration, but they clearly resembled trials. He Huishan intended to open a peopleʼs court for civil suits on his own. According to the Ba county archive, the county magistrate deleted this provision and did not permit it. Here, we can see conflict over jurisdiction between He Huishan, the jiansongguntu, and county magistrate.