清代中后期清水江流域苗族村寨糾紛解決方式

Guo Liang(郭亮) 경북대학교 아시아연구소 2018 아시아연구 Vol.- No.22

The village community in Qingshui River Basin was once “outside”, and the dispute settlement was mainly mediated by mediation and divine judgment. In the mid and late Qing Dynasty, the settlement of Village Disputes in the basin changed greatly under the combined effects of military troop deployment, timber trade, County settings and immigration. This paper chooses Wendou Miaozhai, a typical village in Qingshui River valley, as the research horizon, based on hundreds of litigation documents left over by Wendou village, and through text analysis and “peep into the leopard in the tube”, focuses on the specific patterns and internal logic of multi-dispute resolution methods such as mediation, divine judgment, litigation and so on. In the middle and late Qing Dynasty, once the Miao people in Wendouzhai had a dispute, they usually preferred mediation between the old people and the middle people. The important evidence for mediation is the contract instrument. After conciliation, either the “wrong word” or “repentance word” or the “innocent word” and “innocent contract” are signed by the parties to clarify the rights and obligations of both parties. Youth League organizations can directly participate in dispute mediation, and more compulsory, reflecting the new changes in the social law order of villages. If mediation fails, the parties will usually directly complain to the government. The pleadings are divided into “cause of action” and “claim for action” two major parts, often exaggerated elements, or even to “sensationalism” and fabricated “unjust suppression” of the illusion. However, these are the cover of the plaintiff prosecution, once the government begins to hear cases, economic interests will become the focus of litigation. The government usually does not take the initiative to collect evidence and strictly apply laws to settle cases. On the whole, the government’s attitude toward officials was negative, either put aside and ignored, or after the two disputes were urged to idle a line of comments, the dispute was limited to a narrow area. When the middle school officials are not able to solve disputes, the villagers will also turn to the divine referee. Ming Shen is a local knowledge constructed by the Miao people to adapt to their habitats and make use of the existing culture. There are mainly two ways of “sacrifice” and “oath of alliance”. With the popularity of timber trade and multi-cultural integration, Mingshen has not lost its effectiveness, but its scope of application and function of dispute settlement has been weakened. Mediation, deity and litigation are related to each other. The former, as the local knowledge of the Miao village society, needs to be guaranteed by the government judgment which represents the state’s compulsory power; the latter is to make up for the deficiency of the effectiveness of the existing local knowledge, and must be based on reason and spirit. This is not only the inevitable result of the policy of “naturalization” carried out by the central dynasty, but also the conscious choice of the village society to explore a new way to solve disputes in response to the increasingly prosperous forestry economy. Official trial guarantees the coercive and deterrent power of civil governance, but also highlights a certain nature of mediation. The village society has basically formed a pluralistic pattern of dispute settlement in which “mediation by the government” and “trial with mediation nature” coexist. Only when the officials and the people have a common understanding of the situation, reason and law can the disputes be solved thoroughly; only when the officials and the people are in a benign interaction, can the different dispute resolution forces have the opportunity to fully display their positive function of regulating village life, and at the same time, the state’s legal policies can be slowly infiltrated into the Miao border in an indirect way w 청대 중후기, 귀주(貴州) 청수강(淸水江) 유역의 촌민 사이에서 산전(山田) 토지 임목 귀속권ㆍ처분권 결점ㆍ인접 산전(山田)의 경계 불분명ㆍ산전(山田) 내부 지분 불분명ㆍ산림 매매 쟁의ㆍ임지 계약 위조 등의 이익 등을 둘러싸고 분쟁이 갈수록 빈번해지고, 그 분규 해결 방식도 다원화 추세에 있었다. 본문은 청수강(淸水江) 유역의 전형적인 촌락지-문두채(文斗寨)를 연구 대상으로 선택하여, 문두채(文斗寨)가 남긴 수 백 건의 소송문서를 원본으로 하고, 묘족(苗族)의 습속 규범ㆍ구술사 등을 보충 조사 자료로 삼아, 본문 분석과 “사소한 제목으로 큰 문장을 만드는(小題大做)” 방식을 통해, 개토귀류(改土歸流) 후, 문두(文斗) 묘족 근거지에서 발생한 다양한 분규 해결 방식과 법질서 변천을 연구하였다. 문두채(文斗寨) 묘족들은 일단 분규가 발생하면, 분규를 일으킨 쌍방이 먼저 공공장소에 혹은 어느 일방이 정한 술자리를 마련하고, 노인ㆍ중인ㆍ향약ㆍ향신단체 등 제3자를 요청하여 조정을 시도하였다. 화해 조정의 중요 증거는 계약 문서이다. 화해조정이 끝난 후, 이유와 도리가 불충분한 측이 적은 “오자”가 있거나 “잘못 인식한 오자”에 대해 쌍방은 “글자를 수정”하고 “계약을 다시 명백하게 하여”, 쌍방의 권리 의무를 다시 정함으로써 사후에 의외의 사태가 발생하는 것을 피하도록 하였다. 조정 화해가 성립되지 않으면, 당사자들은 왕왕 직접 관부에 소송을 제기하였다. “억울한 원억(冤抑)을 당하는 경우”는 원고가 소장을 제기하는 명분이 되는데, 일단 관부는 안건 심리를 개시하고, 경제 이익이 소송의 초점이 되었다. 그러나 관부는 통상 주동적으로 증거를 수집할 수 없으며, 청대의 법률적 사례를 엄격히 적용해야 했고, 그 태도는 피동ㆍ소극적이며, 일방이 결과를 수긍하지 않으면 보류한다. 예를 들어 공문으로 “상식과 도리를 어길 경우”ㆍ“계약에 의거하여 각자의 업을 관할한다.”ㆍ“이왕 중간 조정자의 설득과 화해를 받아들인 이상, 중재인의 화해 권고에 따라 문제를 해결한다.”ㆍ“화해를 권유하여 문제가 크게 확산되지 않도록 한다.” 등의 내용을 지시하여, 분규를 협소한 지역 내로 한정시켰다. 분규는 모두 여러 번 상부에 보고한 후에 민간화해의 절차와 순서를 거치도록 한다. 북을 치며 관아에 고한 사건에 대한 조정과 화해가 부족할 경우, 촌민들은 하늘과 땅의 신령 즉 천지신명의 재판에 의존하기도 한다. 천지신명에게 호소하는 방식은 “도살”과 “맹서” 두 종류의 방식이 있다. 청수강(淸水江) 유역의 임업 경제가 발전함에 따라, 신에게 호소하는 방식이 점차 쇠퇴하였으나 촌민들은 여전히 경외심을 품고 있었다. 청수강(淸水江) 유역의 묘족촌(苗族村)의 분규 해결은 조용하고 정적인 과정이 아니라, 상당히 많은 부분이 협력을 통해서 나온 결과이다. 대다수 안건에는 관에게 청하고 의논하는 것ㆍ관리의 추궁ㆍ신에게 호소하여 제가를 받는 등 여러 방식이 있었다. 어떤 분규 해결 방식을 택하든지 엄격한 절차의 선후는 없었고 통상 중복 적용하였으며 상호 보완하였다. 관에게 분규 해결을 청하면 국가 강제력이 관부 심판을 대표하여 보장하고, 관부의 심판은 또 반드시 민간의 조정 화해를 기초로 하였다. 청수강(淸水江) 유역 촌락사회는 “관부가 공문으로 지시와 명령을 내리는 조처”와 “조정과 화해 성질의 심판”이 병존하는 분규 해결구조였고, 이것이 바로 촌락 지역 법률생활의 진실한 모습이었다. 촌민이 분규를 해결하는 방법은 중국인의 전형적인 실용이성을 보여주었다. 분규 해결은 실질적인 결과에 치중하고, 법률 절차에 필요 이상으로 얽매이지 않았다. “상식과 도리”는 시종 분규 해결 전 과정에 관철되었다. 관원과 국민이 좋은 방향으로 상호 교류할 때, 촌락의 각종 분규 해결의 역량이 증대되고 촌락 생활의 기능을 조정ㆍ규범화 할 수 있는 기회도 생기게 되며, 국가 법률이 간접 방식으로 향촌으로 침투해 들어가 한 장의 종이로 전락하지 않게 된다. 문두(文斗)를 대표로 하는 청수강(淸水江) 유역의 촌락사회는 “소송을 좋아하는 현실”과 “무소송”의 이상적인 모습이 마치 충돌하는 것처럼 보이지만, 실제는 청대 중후기 민사소송의 실질에 잘 부합하였다.

중국 貴州 지역의 ‘淸水江文書’를 활용한 한·중 학계의 연구 현황

박찬근 전북사학회 2023 전북사학 Vol.- No.67

The Qingshui River served as a route for local ethnic minorities engaged in forestry to transport timber to major commercial areas in China. The Qingshuijiang Documents contain not only forestry-related contracts, but also various everyday contracts. Through the local ethnic minorities' daily lives and contractual relationships depicted in these documents, their own social order is gradually being revealed. However, the discussion of how the revealed social characteristics of the ethnic minorities are related to ‘China’ seems to be proceeding separately from the publication of the document collection. Depending on how one understands ‘China,’ the perspective on viewing the society of the Qingshui River Basin is predetermined even before reading the Qingshuijiang Documents. In the Korean academic community, researchers have consistently pursued historical research with the Qingshui River Basin as a backdrop. They have mainly focused on the interaction between the representative ethnic minority in the area, the Miao people, and the Ming and Qing dynasties. Research interest has been concentrated on the conflicts and reconciliation between national power and ethnic minority society. On the other hand, for Chinese researchers, Chinese history is ‘national history.’ In this paper, it is analyzed that even if Chinese research on the Qingshui River Basin does not neglect the region's specificity, there is a tendency in the conclusion of works to mention the fusion into ‘China.’ The way of historical narration that aims to constitute the ‘nation’ is a common problem and an unavoidable issue in the historical narratives of any country. Therefore, discussing which historical narration method is absolutely the correct one without consideration of the reality of historical research becomes a detached public discourse. What is important is that the perspective on the relationship between the Qingshui River Basin and ‘China’ is clearly contrasted, and how to narrate the history of the bilateral relationship becomes a way to constitute the current ‘China.’ Depending on how ‘China’ is constituted, the legitimacy of the current unity of China can be measured, so the Qingshui River Basin can also be seen as another battleground for historical research. 청수강은 임업에 종사하는 현지 소수민족들이 벤 나무를 중국의 주요 상업지대까지 흘려보내는 루트였다. ‘청수강문서’에는 임업에 관련한 계약 문서뿐만 아니라 일상의 다양한 계약 문서들도 많다. 이들 문서에 담긴 지방 소수민족의 일상생활과 계약 관계 등을 통해 그들 나름의 사회 질서가 점차 밝혀지고 있다. 그러나 청수강 유역의 사회를 바라보는 관점은 ‘중국’을 어떻게 이해하는가에 따라 ‘청수강문서’를 열람하기 이전에 미리 예정되어 있는 것처럼 읽힌다. 한국 학계에서 일단의 연구자들이 꾸준히 귀주 청수강 유역을 배경에 두고 역사 연구를 이어왔다. 주로 이 지역의 대표적 소수민족인 묘족이 명·청대 왕조와 어떠한 길항을 겪었는가에 집중하여, 국가권력과 소수민족 사회의 갈등과 봉합에 관해 연구의 관심이 집중되었다. 반면, 중국인 연구자들에게 중국사는 ‘國史’이다. 본고에서는 중국의 청수강 유역 연구가 지역의 특수성을 좌시하지 않는다 하더라도 저작물의 결론에는 ‘중국’으로의 융합을 언급하는 서술 경향을 보이는 것으로 분석했다. ‘국민’을 구성해 내려는 국사 서술 방식이 갖는 일반적인 문제이며 어느 나라의 국사 서술도 피할 수 없는 문제일 것이다. 따라서 무턱대고 어떠한 역사 서술 방식이 절대적으로 ‘올바른 서술’인가를 논하는 것은 역사 연구의 현실 상황과 동떨어진 공론이 된다. 중요한 것은, 청수강 유역이라는 지역과 ‘중국’의 관계 설정에 관한 시각이 뚜렷하게 대비되고 있으며, 어떻게 양자간 관계의 역사를 서술하는가가 곧 현재의 ‘중국’을 구성하는 방식이 된다는 점이다. 구성해 내는 ‘중국’의 모습이 어떠한가에 따라 현재 중국의 통일성이 얼마나 정당한가가 가늠되므로, 청수강 유역 역시 또 하나의 역사 연구의 격전장이라고 할 수 있다

同治年間 淸水江 下流 地域社會의 危機와 變動 ― 淸水江文書의 분석을 중심으로 ―

이승수 동양사학회 2026 동양사학연구 Vol.174 No.-

Drawing on the Qingshuijiang documents (淸水江文書) and related historical sources, this article examines the crisis faced by local society in the lower reaches of the Qingshui River and the social transformations that unfolded amid the Xian-Tong Miao Rebellion (咸同苗民起義, 1855–1873). From the first year of the Tongzhi reign (1862), as insurgent forces occupied the northern bank (北岸) of the lower Qingshui River, the sense of crisis on the southern bank (南岸) intensified. In response, villages on the southern bank under the jurisdiction of the Sanying (三營) took in refugees from the northern bank and provided them with means of subsistence. At the same time, they incorporated able-bodied refugees into local tuanlian (團練) forces and progressively refined regulations concerning the financing, provisioning, and maintenance of social stability under conditions of prolonged warfare. As the conflict persisted for nearly two decades, however, the economic pressure on local society grew increasingly severe. According to the Qingshuijiang documents, villagers at the time were burdened not only by obligations to support military operations but also by the government's repeated demands for monetary contributions (捐納). These exactions weighed heavily even on those who still retained some degree of economic resources. Moreover, the loss of stable livelihoods (恒産) affected moral constancy (恒心) as well, weakening social trust and moral order within village communities. Fraudulent schemes exploiting wartime chaos, disputes over contracts and property rights, and conflicts over fengshui sites all indicate that economic hardship had developed into a broader erosion of social trust. In sum, the warfare of the Tongzhi era not only undermined the material foundations of local society built upon the timber trade but also placed severe strain on local social order. Yet the conflict also strengthened the position of local elites associated with the tuanlian and provided an occasion for reinforcing lineage solidarity. Furthermore, this process served as a catalyst for communities in the lower Qingshui River region to establish themselves as a community assimilated into the interior (內地化) and as subjects of the empire.

淸代 貴州省 錦屛縣 淸水江流域 소수민족사회의 共山연구 ― 『淸水江文書』의 加池寨 共山기재문서를 중심으로 ―

이승수 명청사학회 2022 명청사연구 Vol.- No.57

Public Mountains(共山) are a unique way of owning mountains that can be confirmed in the folk documents of the minority societies in the Qingshui River basin of Jinping County, Southeast Guizhou Province. Public Mountain refers to a specific mountain area jointly owned and operated by two or more owners, who, in addition to a large number of individuals, maybe a kinship group, an organization within a village, or even an entire village. Public Mountain was a customary expression for which the use of the term was not determined by law, and the names for Public Mountain were also not unified. For this reason, at that time, the minority societies in the Qingshui River basin described these mountain areas as Public Mountain. However, it can be seen that various names such as Lineage Mountain(公山) or Zhong Mountain(衆山, Mountain land owned by many people) were used depending on the form of ownership or expression. Public Mountains seem to have continued to increase over time in the mid and late Qing periods. During Emperor Guangxu, the number of records of Public Mountain peaked, and the terminology for these mountains land was also gradually unified into Public Mountain. Due to this, Zhong Mountain, which was not much different from the existing Public Mountain, was gradually absorbed into Public Mountain, and the stated quantity decreased. On the contrary, it can be seen that Lineage Mountain, which stands out for its ownership centered on lineage organizations, continues to increase the number of stated quantities along with the inflow, diffusion, and development of lineage culture as the times pass. However, since the names of Public Mountains were not unified and remained at the customary level, several mixed and transitional expressions between the names can be identified in the process. Also, Public Mountains are a unique mountain land with both private and public nature. Individuals could own a part of these specific mountain areas in the form of “Shares.” Basically, individual property rights could be exercised on these Shares. However, in reality, such private ownership was only conducted under a very limited structure. In addition, the management of the mountains was carried out by many people, and the profits after logging were also distributed by their ownership interests. Due to these characteristics, the ownership structure of Public Mountains became increasingly complicated. However, The Public Mountains formed in the long-term nature of forestry and the difficult environment of forest management improved the stability of production ownership while strengthening mutual solidarity between owners. In particular, the minority society in the Qingshui River basin was an “acquaintance society” with very high reliability among its members. This social characteristic, which is closed to outsiders and has a solid bond between members, helped form a mountain ownership method such as Public Mountains. In addition, despite the closed ownership structure of Public Mountains, it seems that the sale of Public Mountains was often carried out. Public Mountains were sold for extremely personal reasons but were also sold due to the group's demand to which they belonged. The reason for the sale of Public Mountain Shares informed the various socio-economic problems that people experienced at the time and, at the same time, served as a basis for enabling the survival of individuals and communities through the disposal of common property. In addition, the owners of the Public Mountains tried to manage Public Mountains efficiently and stably by imposing fines or preparing monitoring costs for violations of regulations. However, conflicts between individuals or groups were unavoidable as many of the interests of each owner were involved in Public Mountains. In this case, disputes were settled through arbitration among villagers or transferring land to religious facilities. In other words, it can be said that Public M...

청대의 거래, 민국의 공증 ― 淸水江 지역 토지거래문서를 통해 본 稅契와 驗契 ―

김한밝 명청사학회 2026 명청사연구 Vol.- No.65

In the Qing period, shuiqi (tax registration of contracts) functioned as a procedure through which the state confirmed the transfer of private ownership from land transactions. In general, the government notarized contracts in exchange for a notarization fee. However, among privately preserved documents from the Qingshui River region in southwestern China, the overwhelming majority of private contracts remained as baiqi that had not undergone tax registration. This situation was attributable not only to the limited reach of governmental control over the Qingshui River basin, but also to the premodern Chinese state’s relatively passive stance toward contract tax collection under the guiding principles of “low taxation” and “minimal litigation”. With the establishment of the Republican government, however, the state simultaneously required the obligation to verify contracts concluded in the past and the right to secure fiscal revenue through such verification. The Republican government confronted the persistent fiscal deficits that had continued since the late Qing. Among the potential sources of revenue to which it turned were transaction contracts concluded during the Qing period. In securing revenue from contract taxes, the priority was not to raise the tax rate on future contracts, but to subject contracts concluded under the previous dynasty to tax registration. To this end, the Republican government stipulated new tax rates of 5 percent and 1 percent depending on whether Qing contracts had undergone tax registration at the time of their conclusion. This represented a novel initiative not observed in earlier dynastic transitions. In order to implement this policy, the Guizhou provincial government introduced a new form of notarized document for Qing contracts known as duanmai qi. In 1914, the Republican government established a new procedure called yanqi (contract verification). Separate from the payment of contract tax, this was an additional step introduced in the name of contract inspection. It was soon incorporated into the administrative framework of tax registration and became a new source of fiscal revenue. As a result, in 1914, the combined income from verification fees and contract taxes in Guizhou Province reached an unprecedented level. Furthermore, Guizhou created a new standardized form, shuiyan maiqi, thereby fully integrating the verification procedure into the tax registration system. Over time, the authorities increased the fees associated with both verification and tax registration, placing growing pressure on the populace. This change suggests that the strategy of generating revenue through Qing-era contracts had reached its limits. In other words, the focus of fiscal extraction shifted from uncovering previously unregistered contracts to increasing taxation on contracts that would be concluded in the future. Did Republican officials ultimately achieve their dual objectives—ascertaining ownership and securing revenue—through tax registration and contract verification? Compared with the Qing’s ideals of low taxation and minimal litigation, they operated with considerably fewer constraints. They raised tax rates to three times those of the Qing and intervened actively in cases of noncompliance with tax registration. Yet the realization of these aims was far from straightforward. Local practices in the Qingshui River region, centered on the continued use of unregistered white contracts, remained deeply entrenched.

淸代 錦屛縣 加池寨의 經濟的 有力層과 少數民族 社會 ― 『淸水江文書』의 加池寨 斷賣 文書를 중심으로 ―(1)

정철웅 명청사학회 2019 명청사연구 Vol.0 No.52

This study is based on an analysis of 1,000 sale documents from the Jiachi village contained in the Documents of Qingshui River(淸水江文書). Located in the Qingshui River basin, the Jiachi village of Jinping district is a relatively late participant in forestry management compared to the Wendou village. In the case of sale document of the Jiachi village analysed in this paper, the sale of a certain share of ownership and the use of ‘tael(兩)’ instead of ‘share of ownership(股)’ to indicate the more detailed ownership are the same in sale documents of other local areas in Jinping district. The main purpose of this paper is to clarify the question of whether certain groups had been monopolizing wealth in minority communities such as Jiachi village, and whether such wealth was continuously transferred. This is because the existence of economically powerful people can be the key to revealing the special nature of the minority society in Qing dynasty, which is different from the Ming dynasty that had governed ethnic minorities with the chieftaincy system. The analysis of the Jiachi village documents of the Qing period provides the following facts. First of all, there obviously existed wealthy people who had bought forestry fields(山場), woods and rice paddy over a long period of time in this village. Although the genealogy of the Jiang family(姜氏) is incomplete in identifying the faces of numerous buyers of property, at least the two families of Jiang Tingde(姜廷德) and Jiang Zuozhang(姜佐章) were an economic heavyweights in this region, each with a few hundred up to thousands of tael. Of course, also can we see some of the Jiang families went bankrupt, but the richness of the two branches of the Jiang’s family remained intact until the Republican era. Secondly, besides the member of the Jiang family of Siheyuan(四合院) or the Jiang Zuozhang family, also existed another rich Jiang family. That is, Jiang Xianyi(姜獻義), Jiang Kairang(姜開讓), and Jiang Zhihao(姜之豪) also concentrated on buying a large amount of property. This implies the possibility that even the same Jiangs had different interests within the same village, a concrete example of which is the list of donors in the text of the Stele of Siban Bridge(石板橋碑). While it is necessary to shed light on the relationship between Jiang's families more closely in the future, some documents indicate that conflict and rivalry existed between them. Finally, although most of the documents are related to forestry management, certain documents deal with purchases that are virtually rice paddy. Whether this feature is unique to the Jiachi village or whether it can be seen in other areas is naturally possible only through comparison with other villages. But the rice paddy purchase by the rich in Jiachi village is good evidence that they had invested the profits generated from the sale of timber to buy rice paddy, and simultaneously shows that the spread of their economic power has been very limited. In this regard, the fact that Jiang Zuozhang had been a Xiangyue(鄕約) and a landowner since early Qing Period has a special connotation. The Jiang family of the Siheyuan(四合院) grew into a major wealthy group after the emergence of Jiang Tingde, and while their targets were mainly concentrated on buying the forest trees, Jiang Zuozhang, which was earlier than Jiang Tingde, mainly purchased rice paddy. Furthermore, at least there are no examples of Jiang Tingde appearing as surety(憑中), whereas Jiang Zuozhang appears as surety. The two were descendants of Jiang Dingbao(姜丁保), but the situation strongly suggests that the methods of accumulation of property within the same Jiang family were different and that the landlord class existed early on inside the Jiachi village. The discussions mentioned above can be said to be the unique economic dynamism of ethnic minorities in the Jinping district, which was not seen in other min...

淸代 錦屛縣 加池寨의 經濟的 有力層과 少數民族 社會 ― 『淸水江文書』의 加池寨 斷賣 文書를 중심으로 ―(2)

정철웅 명청사학회 2020 명청사연구 Vol.0 No.54

The existence of the Documents of the Qingshui River must have brought new attention to the minority community in the province. The study is aimed at examining the behavior of influential people following the first paper that unearthed influential people based on Jiachi village single-sale documents in the Documents of the Qingshui River. Thus, unlike the first paper, which intensively analyzed single-sale documents among the documents related to Jiachi village, the 1-2-5 series documents, which record only the contents of conflicts, lawsuits and crimes between individuals, was used as the main materials here. The social aspect of Jinping district, which appears in 1-2-5 series documents, was clearly a society where extreme conflict and competition existed, and it was clear that influential people were engaged in mudslinging for their own interests, and the main contents of this paper were as follows. First, we can first confirm that there were serious social crimes, such as murder and rape, as well as crimes such as theft and default on repayment of debts, which were no different from any other Han Chinese society. However, due to the nature of the Jiachi village society, which focuses on forestry, among these various crimes, the most notable were the so-called ‘yuejieqiangkan(越界强砍, cut down a tree by invading the border)’ acts, and most of the lawsuits between individuals, which account for about 80 percent of 132 documents affiliated with 1-2-5, were due to the acts mentioned just above. Second, this illegal lumber barber was more than just an antagonism between individuals, and lawsuits and conflicts developed among the villages. However, it is noteworthy that the main driver of the illegal logging was the gentlemen of Jiachi village, and the participants were the influential figures who had fallen economically in the Jiachi village. For example, documents from 1-2-5 affiliates show that Wang Zhihao(王治浩), originally belonged to a poor class but had been at odds with Jiang Zuoxing(姜佐興) since joining the ranks of the gentlemen, and that once rich Jiang Chaoying(姜朝英) and Jiang Chaobi(姜朝弼) sold almost all of their assets to Jiang Zuoxing. The stories of these characters provide important clues that society has undergone many changes between Daoguang and Xianfeng periods, while social mobility has been quite frequent. Third, illegal practices involving various crimes and timber have been frequent, but on the other hand, it is also confirmed that the powerful have devoted themselves to protecting their forestry, which is the basis of their economic activities. The specific aspects are well illustrated in the measures to prevent the bandits, which have occurred frequently since the Daoguang period. It is the fact that in the joint efforts of the influential people to prevent bandits, forestry must be protected uniformly in addition to routine measures such as cooperation for blocking bandits and blocking entry of suspicious individuals. This clearly means that the most basic purpose of defending against outside invasive forces, such as bandits, was to protect forestry, which is the basis of society, beyond simply maintaining local security. In this regard, it is also very significant that not only fines were imposed on those who violate forestry protection, but also that the fact of the crime was widely publicized to the community. Finally, most of the characters in the 1-2-5 series are obviously members of the Jiang clan, but it is also meaningful to note that they are descendants of Jiang Fuchen(姜輔臣), who are different from the Jiang clan of the Siheyuan(四合院), which was mentioned in the previous article. The reason for this is that the documents are tracking individual figures appearing in Documents of the Qingshui River, breaking away from case-by-case studies such as sale of the forestry fields, the peculiar customs of minority society, occurrence and settlement of disp...

淸代 黔東南 地域 苗族 村寨의 社會 組織 및 秩序 ― 款과 寨老를 중심으로 ―

정지호 명청사학회 2022 명청사연구 Vol.- No.57

This paper analyzes the social organization and social order of Miao village(苗族 村寨) in Qiandongnan(黔東南) after Gaitu Guiliu(改土歸流), focusing on Kuan(款) and Zhai Lao(寨老) . Previously, the reality of Kuan(款) and Zhai lao(寨老) was revealed through anthropological and philological studies. Here's a summary of what we've seen so far: Traditionally, Miao society has an organization called Kwan(款) based on regional relations. This Kuan(款) became known when the Qing Dynasty used it to Zhaofu (招撫) Miao's society during the Gaitu Guiliu process. It can be said to be a kind of pledge community. This Kwan organization was originally a unique organization of the Dong people(侗族), but it seems to have influenced the Miao society as it spread to the southwestern part of China using regional relations. The Kwan varied in size from one or two villages to 100 villages, and each region was defended with its own Kwan(款) army, but in an emergency, they worked together to defend against thieves. The cost of running Kuan(款) appears to have been covered by the profits earned by cultivating each village's land, with the rich providing land and the poor providing labor. Kwan(款) prepared for the invasion of thieves from the outside through blood alliance consciousness, and internally cooperated with each other to promote peace in the village. To this end, the Kwan took responsibility for internal security by strictly cracking down on the influx of outsiders and sternly cracking down on theft, gambling, and fire. However, Kwan(款) had a sanctioning function, such as imposing fines on those who violated internal regulations, but if they did not comply, it seems to have been reported to the competent authorities to control the crime. Meanwhile, Zhai lao(寨老), an influential figure, appears in each village society that makes up ‘Kwan’. Zhai lao played an important role in maintaining social order, such as resolving village disputes. This Zhai lao(寨老) was built on its own in Miao village, but it appears that after Gaitu Guiliu it was registered with the local Goverment Offices and placed under the supervision of the local government. The Qing government rewarded and encouraged Zhai lao when he performed his duties well and worked for the well-being of the village, but also punished Zhai lao for neglecting his duties. Although this Zhai lao was registered with the government and received a protective order, it can be seen that the Ortai(鄂爾泰) directive provided that baojia(保甲) should not intervene and cause trouble, indicating that it was placed in a state of semi-independence. In that sense, Miao village came under the legal control of the Qing Dynasty after Gaitu Guiliu(改土歸流), but in that it maintained the traditional autonomy order, it can be said that it was placed under dual rule of Han(漢)/non Han(非漢).

청대 귀주성 청수강 유역 소수민족의 賣田과 裏面契約

박찬근 명청사학회 2024 명청사연구 Vol.- No.61

In the Qing dynasty, where taxes were imposed on landowners based on land units, it was necessary to ascertain the residency status of the owners and the state of land ownership. Therefore, transactions related to land and houses were mandated to be reported to the state. Consequently, Qing dynasty land contracts offer vital insights into the everyday strategies adopted within minority communities, between the state's principles and their modes of agreement. This study focuses on land sale contracts found in the Qingshuijiang Documents , a collection of documents excavated from minority residences in the Qingshuijiang River basin in Guizhou Province. The practices of private transaction contracts transcend the dimension of everyday economic activities and hold significant meanings as expressions of the relationship between the region and the state, and of mutual interaction and trust-building within local communities. This paper analyzes the land sale contracts recorded in the Qingshuijiang Documents to reveal that officially recognized contracts coexist with those based on mutual trust within the community, and sometimes, dual contracts—‘red contract’ and ‘white contract’—were drafted to simultaneously ensure the stability of ownership and maintain the economic value of the transaction items as recognized locally. Additionally, while drafting these dual contracts, the sale price listed in the ‘red contract’ was approximately half of that recorded in the ‘white contract’. This was understood as a measure to reduce the transfer tax payable to the authorities. However, this implies that relying on the sale prices listed in the ‘red contract’ to ascertain the actual land prices at the time may not fully reflect the reality. When creating any economic-related data based on both red and white contracts, the possibility of distortion must be considered. The reliability of the sale prices presented in the ‘red contract’, including the feasibility of compiling any statistics based on them, needs to be reconsidered.

淸代 平略寨와 平秋寨의 界址 분쟁과 淸水江 중・상류 유역의 林業社會

정철웅 명청사학회 2022 명청사연구 Vol.- No.57

The purpose of this paper is to clarify the characteristics of the forestry society in the Qingshui River basin during the Qing Period through the dispute between Pinglue hamlet and Pingqiu hamlet in Jingping district. To shed light on this problem, a judgment document(Documents of Linzingzhai, 5-1-4-088~091) on the lawsuit between the two hamlets in the 『Documents of the Qingshui River』 was used. The lawsuit lasted for about 200 years from the 10th year of Emperor Yongzheng to the 6th year of the Republican period, and the related document contains changes in sales and shares of tree-planter between litigants, as well as changes in society and the administrative authorities in charge of litigation. Private documents in the Qingshui River basin during the Qing period, where forestry was developed, are common in this type of document dealing with lawsuits by individuals or villages, but we can see the following from the document containing 200 years of border disputes. First, the period from ligation to its resolution has been prolonged, and the regions of origin of the people involved in the litigation have diversified, which means that the interests of minority regions and society, which were relatively simple during the rule of tusi(土司), have become more complex over time. Based on the changes in the stake of the litigants appearing in the judgment document, the time when such changes began was the reign of the Jiaqing~Daoguang period. The important reasons for this change are the influx of immigrants from outside and the increase in timber sales. Therefore, in order to cope with these social changes, the Qing government resolved this kind of lawsuit through the formal bureaucrats, instead of the chief’s office(長官司) which remained until the year of the Daoguang reign. Second, as in other parts of the Qingshui River basin, a specific clan represented by Peng family purchased most of the property in Pinglue hamlet. However, toward the latter part of the Qing dynasty, they invested a lot of money in purchas of woods and shares of arborists in addition to real estate such as paddy and mountains. Through the judgment document, we can confirm that the defendants actively purchased the shares of arbiters. Of course, this phenomenon did not result in the interests of the arbiter, but it ultimately means that the stake of the arbiter or arbiter itself became more important as it went down to the second half of the Qing Dynasty than the mountains in the southeastern part of the Guizhou province. Finally, a person like Long Zhaode, who virtually does not exist in the Linxingzhai Documents, accused Peng Renbin or Peng Renpan, who has great economic power, and the relevant ruling ends with a mention that there is no stake owned by Ou Rongben who is neither the defendant nor the plaintiff. The answer to this situation can explain not only the meaning of the dispute between the two hamlets, but also social changes in southeastern Guizhou province after the middles of the Qing dynasty. Due to such social changes, unknown people such as Long Zhaode were able to challenge the Peng family, who were the influential people of Pinglue hamlet, and fierce competition also occurred among the influential people. It was an extension of such competition that other people in Pinglue hamlet tried to illegally purchase Peng Renbin’s property, or Peng Renbin, a leading family member of Pinglue hamlet, appeared as a defendant in a lawsuit related the land boundary. The reason why Ou Rongben sued the economically influential people of Pinglue hamlet under the pretext of passing through Pingqiu hamlet after ignoring the logging was to secure wood or tp advantage the ownership of shares under the pretext of land boundary. This is evidence that tensions in the southeastern part of Guizhou province have risen over the sale of wood. And the existence of such competition, conversely, may be one of the important factors that kept the for...