The Semi-Formal System of Social Dispute Resolution Mechanism of Xunhua Subprefecture in the Late Qing Dynasty
The Xunhua Subprefecture was in the transition and connection zone between inland counties and minority regions of the Qing Dynasty.It was a typical epitome of"cross-system society".The diverse and unintegrated grassroots society brought many tests to the administration.The semi-formal system,which constituted a synthesis of formal and informal legal traditions,was an indispensable instrument for the resolution of social disputes.It encompassed the formal system,exemplified by the state law,the judicial system,and official adjudication,and the informal system,exemplified by ethnic customary law,village regulations,and folk mediation.Its comprehensive allocation of personnel,the flexible adjustment of method,the multiple aspects of the system and the elastic expansion of the scope cushioned the contradiction between the"unified system"and"effective governance"of the unified multi-ethnic state,and gradually realized the unity and integration based on the diversity in the process of semi-formal system operation.However,the results-oriented governance logic of settling disputes had limited official actual control ability in the long run.
late Qingethnic governancesocial disputesthe semi-formal system
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