民讼官--宋代民众对官员的诉讼抗争论略

宋代社会民风好讼并非只体现于民众之间,也体现于民众对官吏的诉讼活动中。官员被民所讼与行政能力有关,但更大诱因在于其对民众权益的不法侵害。民讼官的频繁,不仅因为民众维护权益意识的觉醒,也是中央政府的政策使然。豪强与胥吏在官民诉讼斗争中角色复杂,胥吏讼官更多体现统治阶层之间的矛盾,豪民对官员的讼争客观上与一般民众的利益有一致性。

On the Lawsuits of Common People Versus Government Officials in the Song Dynasty

During the Song Dynasty, the common people often took lawsuits not only against themselves but also against the government officials. The common people brought suits because officials couldn't manage the government affairs very well, and the important reason was that the officials' unlawful activities towards the populace. The frequent lawsuits against officials caused by the government policy indicated the common people became aware of their right and the role of the law. Tyrannical and petty officials played a complicated role in the struggle, the lawsuits of petty officials versus formal officials reflected their contradictions in a large degree, but objectively, tyrannical were in agreement with common people in the struggle.