晚清吐鲁番坎儿井买卖与纠纷研究

发布时间：2018-09-12 11:27

【摘要】：坎儿井作为吐鲁番地区重要的经济生产资料,频繁被用来买卖。同治年间新疆变乱,大量客民逃亡或被戕害,使得无主之坎儿井废弃或被他人霸占。吐鲁番收复后,客民回吐认领坎业,故而与占有者发生归属纠纷。随着吐鲁番社会秩序的恢复,坎儿井的修复和开挖亦走上正轨。与开挖伴随而来的是坎儿井买卖的活跃,继而又带来了坎儿井纠纷增多。本文通过大量档案材料的分析与研究,得到以下几点认识:晚清吐鲁番坎儿井买卖契约格式与汉地类似。买卖文书和纠纷中反映的买卖形式有:租卖、典卖和死卖。缠民和客民之间多以租卖为主,缠民之间死卖居多、租卖次之。同光年间坎儿井的交易灵活性日趋增大。坎儿井交易以货币为主,亦伴随极少量的实物交易。交易价格多则几千两,少则几十两。坎儿井买卖须到官府投税,方能得到承认,但缠民旧习,买卖只盖阿洪戳记,并不上报,易滋生假约和隐税弊端。坎儿井纠纷案主要产生于同治变乱后,客民认业和坎儿井的开挖与买卖中,其类型涉及:霸占、冒任、私卖、偷卖、开挖、讹诈、掏捞、偷分坎水、拖欠薪资等。调处息讼是解决坎儿井纠纷的首选方式,调处失败,才诉诸于公堂。吐鲁番同知一般将坎儿井纠纷委托于地方首领查处,但批销权仍掌握在同知手中,故地方首领仅是奉命查办而已。南八城田产买卖沿用伊斯兰社会的传统习俗,纠纷处理上采用伊斯兰教法,宗教色彩浓厚。而吐鲁番地区坎儿井买卖的契约格式则沿用魏晋以来的汉法。吐鲁番收复前,札萨克制下主要采用习惯法处理纠纷,同知管辖区采用汉法;收复后,全区推行汉法。因而法制上呈现出国家法和习惯法相结合的地方特色。吐鲁番的妇女和商人在坎儿井经济生活中扮演了特殊角色。大量坎儿井买卖与纠纷,不仅反映了吐鲁番商品经济的发展水平,同时也反映了该区汉缠回的经济互动,呈现吐鲁番地区的特殊性。
[Abstract]:As an important means of economic production in Turpan area, Kare well is frequently used for trading. During the period of Tongzhi Xinjiang, a large number of people fled or were killed, leaving the karmic wells abandoned or overrun by others. After Turpan's recovery, the guest people spat the claim, so ownership dispute with the occupant. With the restoration of social order in Turpan, the restoration and excavation of the well is on the right track. With the excavation is accompanied by the active trading of kale, and then brought an increase in disputes. Based on the analysis and study of a large number of archival materials, this paper obtains the following understanding: the contract format of Karm-well sale in Turpan in the late Qing Dynasty is similar to that in Han. The forms of sale and purchase reflected in documents and disputes are: rent sale, classic sale and dead sale. Pestering people and customers between more rent-based, between the people between the death of the majority, rent sales second. In the same light years, the trading flexibility of Karmi is increasing day by day. Karmi transactions are dominated by money, accompanied by a very small number of physical transactions. The trading price is several thousand two, and the few is dozens of two. Karmi business has to go to the government to pay taxes, can be recognized, but pestering the people old habits, the sale only Gaahong stamp, not reported, easy to breed false conventions and hidden tax abuses. The dispute case of Kare well mainly comes into being in the period of Tongzhi and the excavating and trading of Kare well. Its types involve: overtaking, braving, selling, digging, blackmailing, fishing, stealing water, defaulting on salary and so on. Mediation litigation is the preferred way to resolve the dispute, mediation failed to resort to court. Turpan Tongzhi generally entrusted the dispute over the well to the local chief, but the right to approve and sell was still in Tongzhi's hands, so the local leader was only ordered to investigate and deal with it. The sale and sale of land products in Nanbaicheng follow the traditional customs of Islamic society, and the dispute is handled by Sharia law, which is full of religious color. However, the contract format of Kare trading in Turpan area is the same as that of Han and France since Wei and Jin dynasties. Before Turpan's recovery, the Zazak system mainly adopted customary law to deal with disputes, and the common law was adopted in the same jurisdiction, and after recovery, the whole district carried out the Han law. Therefore, the legal system presents the local characteristics of the combination of national law and customary law. Women and businessmen in Turpan played a special role in the economic life of Karmi. A large number of sales and disputes not only reflect the level of development of Turpan commodity economy, but also reflect the economic interaction between Han and Han, presenting the particularity of Turpan region.
【学位授予单位】：新疆师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：K252

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