Studies On Trading And Dispute Of Turpan Karez Inthe Late Qing Dynasty

Karez was an important economic production of Turpan.it also was used to trading frequently.Turmoil of Xinjiang in Tongzhi(同知)period,a large number of guest people fled or been killed,which making the Karez ownerless be wasted or taken by others.After Turpan recovered,the guest people returned and took claim their Karez industry,therefore,they disputed with the occupant for the property ownership.With recovery of the social order of Turpan,the restoration and excavation of Karez was on the right track.Along with the excavation is trading activity.At the same time,the Karez disputes increased.By analyzing a large number of archival material and research,get the following consensus:The contracts format of Karez’s in Turpan was similar to the Han area.Contract and dispute documents reflected trade form:Rent—sale(租卖),Mortgage(典卖)and Simai(死卖).Between Uyghur and guest people adopt Rent—sale as the main trade form.Between the Uighurs regard Simai.as the principal and Rent—sale were taken to the second place.Among Tongzhi and Guangxu period,the Karez trading was becoming more flexible.Currency was the main mode in Karez trading.But it also had a very small amount of barter.The price of Karez trading varied from tens to thousands.Karez trading might go to government paid the taxes that it could be recognized.But the old habit of Uyghur trading stamped the Imam’s stamp only,not reporting.So it was easy to breed false contract and implicit tax disadvantages.The Karez disputes resulted from the guest people returned to Turpan to take claim their Karez industry after turmoil, excavation and trading. The type of Karez disputes included as following: forcibly occupy, falsely claim, bootleg, selling stolen, excavation, blackmail, dig fishing, stealing and dividing Karez water, and arrears of wages. Mediation and litigation were first choice to solve Karez disputes. If mediation is failed, resorting to the local government. The Tongzhi of Turpan usually entrusted the local leader to solve Karez disputes. But the instruction right remains in the hands of Tongzhi. So the local leaders are instructed to only investigating it.In the “Southern Eight Cities” of Xinjiang, the transactions of homestead were followed traditional practices of Islamic society. Islamic laws would be used on dispute settlement. So it has strong religious overtones. While in Turpan, Karez trading use the Han laws since Wei and Jin dynasties. Before Turpan recovered, The Zhasake governing Region uses customary laws to deal with disputes, while the Tongzhi Governing Region uses Han laws. After Turpan recovered the entire region implemented Han laws. So the Turpan’s legal institutions have presented local characteristics, which had the national laws and customary laws on the Combination. The women and businessmen of Turpan have played a special role in the economic activity of Karez trading.A large number of Karez trading and disputes, not only reflects the level of development of commodity economy, but also reflects the economic interaction among the Han, Uyghur, Dungan, which showing the particularity of Turpan area.