清至民国时期黔东南苗侗族民众之田土山林诉后防御策略

清至民国时期,黔东南苗侗族民众在田土山林诉讼之后有独具特色的防御策略,即将官府判词刊刻在石碑上,立于桥头路口等众人途经之处,以警示他人以后对判决所涉田土山林不得再生觊觎之心。黔东南苗侗族民众之所以采取这种诉后防御策略,其主要有以下几个方面的原因:一是田土山林对黔东南传统苗侗族民众来说意义非常重大;二是意图减少或者避免以后的讼累;三是官府判决的权威性已经在黔东南得到显现。黔东南苗侗族民众的田土山林诉后防御策略对法制建设的启示:要加强对民众田土山林权益的保护,减轻民众的诉讼负担。

The Defensive Mechanisms after Forest Lawsuit of the Miao and Dong Nationality in the Southeast Regions of Guizhou Province from the Qing Dynasty to the Republic of China

The people of Miao and Dong nationality in the southeast regions of Guizhou province had their own defensive mechanisms after forest lawsuit from the Qing dynasty to the Republic of China. It was their defensive mechanisms that inscribing the judgement of local authorities on the stone tablet and set it upright at the bridgehead or crossroad in order to warn other people not to covet the forest which judged by the local authorities' judgement. Their are mostly three reasons for the defensive mechanisms. First,the forest was significant to the Miao and Dong nationality in the southeast regions of Guizhou province; secondly, it could reduce or avoid troublesome which caused by the lawsuit;thirdly,the authority of the judgement of local authorities had appeard in the southeast regions of Guizhou province. It can give us some illuminations on the construction of legal system: Protect the rights and interests of field and forest of the people and reduce the heavy lawsuit burdens of the people.