在南宋判语中看到的地方权势者和豪民,以自己的经济基础为本,对基层社会行使司法领域的影响力。权势者主要的经济基础是土地经营,即作为地主,其中大部分应该是城居地主。在此之上,他们涉足流通关联产业,而且还从事包括“恶事”在内的各种“资本”运用。据此认识,笔者先前提起的“阿米巴型复合经营体”的概念,以及他们在基层社会中的本质,应该也能够重新得到理解。他们的目标是创造出和国家“相互依存的构造”并利用其权威。因此,他们的活动一旦越过统治规范的界线时,就会受到处罚。而这条界线的基准,很大程度上取决于负责官员的判断,难以明确。一旦看出以上这些权势者、豪民的本质,那么也就能看出宋代社会的日常性特征了。他们对于官方的业务执行、日常性的治安维持而言是有用的(必要之恶)。另一方面,豪民对于民众来说,是负担相应的公共业务的存在,在一定程度上也能得到支持。换言之,在宋代的“二者间关系”社会(“法共同体”不存在的社会)中,正是由权势者、豪民来代为执行“共同体”的任务。那正是维持基层社会的再生产所不可或缺的活动。当然,必须确认的是判语史料的界限。毋庸赘言,没有得到裁判的案件,或者不被认定为违法的事实是不会被记录下来的。又,判语是从统治者的角度所进行的单方面的断罪。暂且不论财产之争或立继之争等调停性的裁判,在关于刑事的案例中,犯罪者一方的主张几乎没有被保留下来。对于被断罪的豪民们,他们的主张及其行动的原动力,即使发现了《清明集》,也还仍有许多难以掌握的侧面。今后仍有必要参考其他史料,持续进行更深入的检讨。 Local powerhouses and noblemen, as seen in the Southern Song dynasties, used their own economic fundamentals to exercise influence in grass-roots society in the judicial field. The main economic base of the powerful is land management, that is, as landlords, most of them should be urban landowners. On top of that, they are involved in the circulation of related industries and are also using various “capital” applications, including “bad things”. Based on this understanding, the author’s earlier mention of the concept of “amoeba-type composite operators” and their nature in grass-roots society should also be regained. Their goal is to create a structure that is “interdependent” with the nation and take advantage of its authority. As a result, their activities are penalized once they cross the boundaries of the ruling norm. The basis for this boundary line, to a large extent, depends on the judgment of the responsible official and is difficult to be clearly specified. Once we have seen the essence of these powerful people and noble people, we can also see the daily characteristics of Song society. They are useful (a necessary evil) for official business execution and routine law and order maintenance. On the other hand, the mighty people, to the general public, are responsible for the existence of corresponding public services and to some extent they can also be supported. In other words, it is the task of the powerful and the nobleman to carry out the “community ” in the Song ’s “relationship between the two ” society ( “law community ” does not exist in society). That is an indispensable activity for maintaining the reproduction of grass-roots society. Of course, we must confirm the boundaries of the historical data. Needless to say, the fact that no case is found or that it is not found to be illegal is not recorded. Moreover, the verdict is a unilateral sin from the ruler’s point of view. For the time being, no matter whether the property dispute or the mediation dispute is adjudicative, in the case of criminal cases, the perpetrator’s claim has hardly been retained. For those who have been convicted of crimes, their claims and the driving force of their actions, there are still many difficult to grasp the scene even if found “Ching Ming Collection.” In the future, it is still necessary to refer to other historical materials for a more in-depth review.