Social Dispute Resolution Mechanism In The Ethnic Subprefecture Of Xunhua In Late Qing

Xunhua Subprefecture was a typical field in which special ethnic management policies were implemented in the Qing Dynasty.Its grass-roots social organization structure was pretty complex,which led to the prominent local characteristics in terms of legal culture.Drawing upon collections from the Xunhua Subprefectural archives,this paper examines late-Qing laws in the ethnic subprefecture of Xunhua located in the Sino-Tibetan Borderlands as a state mechanism for social dispute resolution concerning problems of civil dispute,misdemeanor,felony between individuals as well as revenge-seeking among clans,monasteries and ethnic groups.At variance with local norms and institutions of mediation in Han regions,which commonly involved clan mediation and baojia units,in Xunhua it was the various locally specific sets of quasi-legal customs,that functioned as a non-state legal culture in competition with statutory law.The Qing state provided a diversified legal system for Xunhua subprefecture as an intervening force.However,A large number of civil lawsuits entered the official program with pleadings and most of them stopped at the"intermediate stage"of the proceedings through active or passive civil mediation.Local authorities played unique and irreplaceable roles based on their deep social foundation in this ethnic borderland in dissolving civil disputes which were parasitic on the"local conditions and customs".Numerous practical factors determined the favorable attitude from the magistrates of Xunhua subprefecture to this phenomenon.Capital felony cases were handled with considerable flexibility even though they were taken seriously by the offices(yamen??)including Xunhua subprefecture and its superiors:concerning the felony cases involving Tibet and Mongolia,their judgment should be made according to the special state law Tibetan and Mongolian Regulations in Xining and Qinghai(Xining Qinghai Fan Yi cheng li????????),but they were punished based on the folk customary law named“Tibetan Laws and Regulations”(fan li fan gui????)in practice.As for the felony cases involving Salar,Hui and Han,they should be complied with the Qing Code while were actually handled with a mixture of statutory laws and folk customs.There were no clear boundaries and uniform standards.Group conflicts included not only the fights among clans,monasteries,ethnic groups,which often evolved with persistent feuding practices,but also the discords between the indigenous and foreigners due to the intervention of foreign powers in Late Qing,which generally presented the characteristics of massive armed fighting in groups.In order to solve effectively the former conflicts which occurred frequently and would endanger the stability of the border areas,the Qing court formed a coping mechanism that the Xining amban(Xining banhsi dachen??????)and the governor-general of Gansu and Shaanxi(shan gan zong du????)were in central to coordinate and assisted by the relevant multi-agencies linkage.In essence,the official attitude towards group fighting and individual disputes was not different:all hope to mediate with the help of folk authorities as village elders.Although some officials advocated taking the opportunities to carry out inland laws and regulations,they were restricted by the overall policy of“loose-rein”(jimi??)governance and the strong network connected by many local powers,which ultimately turned out to be several exceptions.Even conflicts involving foreigners that were regarded as a top priority by the Qing court were handled in accordance with the established and consistent mechanism.The establishment of Xunhua Subprefecture provided a public power for the ethnic borderland lacking political integration,and thus offered a possibility and new way for individuals to appeal for fairness and regional society to get rid of disorder.However,constrained by the consistent governance philosophy of the Qing court in the Gansu and Qinghai ethnic areas,it was impossible for the Xunhua Subprefect,the governor-general of Gansu and Shanxi,and the Xining amban to probe deeply into the root of complicated social disputes and to implement effective resolutions.The conservatism and rigidity of the system led to a high degree of complexity in the social dispute settlement mechanism of Xunhua Subprefecture: traditional folk power had been still strong,making it a force that governments had to rely on to resolve social disputes;official decisions often clashed with local traditions;the Qing Code and the special state law existed in name and could only be effective with the help of local customs and customary laws.Because state laws were not enforced uniformly and local characteristics persisted,both the definition and the assessment of state effectiveness need to be analyzed with nuanced considerations of how borderland dynamics complicated state control.