清末甘南藏区部落纠纷解决形态研究——以光绪十六年卡家与沙沟的争佃冲突为中心
发布时间：2018-08-18 11:03
【摘要】：光绪十六年(1890)卡家与沙沟争佃冲突的解决形态,既非严格意义上的调解,也非严格意义上的官府审判,其实质可视为具有"首唱—唱和"结构的"约"的规范秩序的形成。其中,官府成为最终的首唱者,沙沟及其支持者隆务寺一方与卡家及其支持者拉卜楞寺一方是唱和者,众乡老是中介人。在冲突的解决过程中,各方为如何使他方承认己方所主张的解决方案而进行反复的首唱与唱和,其中或争斗或调解或弹压的活动,实际上都可视为力图获取首唱这一身份地位而进行对抗与整合的过程。这种通过"约"的方式而形成的社会秩序很不稳定,呈现很大的流动性。
[Abstract]:The form of resolving the conflict between Ka Jia and Shagou in Guang Xu 16 years (1890) is neither the mediation in the strict sense nor the judgment of the government in the strict sense. Its essence can be regarded as the formation of the normative order with the structure of "first singing-singing and singing". Among them, the government became the final first singer, Shagou and its supporters Longwu Temple side and the Cabrum and its supporters Labran Temple side is the singer, the township is always intermediary. In the course of the settlement of the conflict, the parties engage in repeated singing and praising of how to make the other party recognize the solution advocated by the other party, in which there is either a fight or mediation or a repressive activity, In fact, it can be seen as a process of confrontation and integration in an effort to gain the status of the singer. The social order formed by the covenant is very unstable and presents great fluidity.
【作者单位】： 甘肃政法学院法学院;
【分类号】：D929;K252
本文编号：2189267
[Abstract]:The form of resolving the conflict between Ka Jia and Shagou in Guang Xu 16 years (1890) is neither the mediation in the strict sense nor the judgment of the government in the strict sense. Its essence can be regarded as the formation of the normative order with the structure of "first singing-singing and singing". Among them, the government became the final first singer, Shagou and its supporters Longwu Temple side and the Cabrum and its supporters Labran Temple side is the singer, the township is always intermediary. In the course of the settlement of the conflict, the parties engage in repeated singing and praising of how to make the other party recognize the solution advocated by the other party, in which there is either a fight or mediation or a repressive activity, In fact, it can be seen as a process of confrontation and integration in an effort to gain the status of the singer. The social order formed by the covenant is very unstable and presents great fluidity.
【作者单位】： 甘肃政法学院法学院;
【分类号】：D929;K252
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