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在清至民国时期,贵州清水江下游黔东南苗族村寨存在以“认错字”形式的纠纷解决文书。这种文书针对当地基于轻微主观过错或社会危害程度较轻的各种林业纠纷,经由中人参与双方的沟通与协商,在纠纷解决过程中,官府与国法成为最后一道潜在压力,促成纠纷于民间解决。在晚清以降的法制近代化进程中,“认错字”作为苗族村寨内部的纠纷解决机制,具有持续顽强的生命力,是因为参与处理纠纷者与当事人有千丝万缕联系,具有成本低、效率高、与双方勾通便利等优点。在纠纷调解过程中会设身处地考虑当事人利益与情感,以便为自己将来角色转换留有余地,由此形成互谦互让的协商与合作精神。
During the Qing dynasty to the Republic of China, there were disputes resolution instruments in the form of “misspelled characters ” in the Miao villages in Qiandongnan in the lower reaches of the Qingshui River in Guizhou. This document aims at the various local forestry disputes based on minor subjective faults or less harmful to society. Through the participation and consultation between the two sides, the government and the national law have become the last potential pressure in dispute resolution and contributed to the dispute in the private sector solve. In the process of modernization of the legal system in the late Qing dynasty, as a dispute resolution mechanism within the Miao villages, Miao dialect has a persistent vitality because the parties involved in dealing with the disputes are inextricably linked with the parties and have the advantages of low cost , High efficiency, easy access with both parties and so on. In the process of dispute mediation, they will put themselves into consideration of the interests and emotions of the parties in order to make room for the future conversion of their roles, thereby forming a spirit of consultation and cooperation that is mutually supportive.