清代黔东南锦屏苗族林业契约的纠纷解决机制

清代,在边远的黔东南锦屏苗族、侗族地区,发育出了发达的人工林业,所产木材畅销长江中 下游各省。苗族人工林业中的财产关系主要依靠林业契约进行调整,而林业契约之所以能够良好 地发生作用,并不在于有国家法的保障,而在于林区苗民形成了一套本地的契约纠纷解决机制,寨 老等民间头人在契约纠纷解决中担任着重要角色,而苗族习惯法则是契约效力的后盾。

The Solution Mechanism of the Dissension Concerning the Forestry Contract in Jinping Located in the South-East of the Guizhou Province in Qing Dynasty

In Qing Dynasty, the planted forestry in remote Jinpin, a county inhabited by the Miaos and Dongs located in the south-east of the Guizhou province, was developed to a high level. The lumbers produced in the region were salabilityin the areas of the middle and lower reaches of Changjiang River. In the Miaos'planted forestry, a significantway regulating the relationship between the propertiesis the contract. And the high-level efficiencyof the contract came from a local solution mechanism of the dissension concerning the contract outside the normal laws. In the mechanism, the local heads such as "zhai-lao"(literally, the old man in village) played a important role in the backgroundof the Miao's customarylaws.