和解息讼是明代常见的诉讼程序终结方式,但明律令体系中并没有息讼程序的明确规范。通过对《盟水斋存牍》和《折狱新语》中近百个息讼判词的解读,梳理息讼案件基本事实、判决理由与判决结果,旨在恢复构建明代的息讼制度。作为一种审判程序终结制度,明代府县的户婚田土债等民事案件和笞杖以下(含杖刑)轻微刑事案件均可适用。明代已经形成一套比较完整的息讼程序,息讼请求必须由双方当事人共同提出,不允许单方撤诉。息讼案件仍以普通审理程序审理并查明基本事实,息讼的最终裁断权属于法官。此外息讼案件也须上报复核。总体而言,明代息讼是当事人处分权与法官审判权相结合的产物。 Settlements litigation settlement is a common way to end the proceedings in the Ming Dynasty, but the Ming system does not have a clear norms of litigation proceedings. Through the interpretation of nearly one hundred judgment cases in “Mengshuizhaiju” and “Xinjishujinyu”, this article combs the basic facts of the case, the reasons and the judgment of the suit, aiming at restoring the system of litigation in the Ming Dynasty. As an end of trial procedure, civil cases such as land and property bonds in the prefectures of the Ming Dynasty and minor criminal cases involving cerclage (including execution of sentences) are applicable. Ming Dynasty has formed a relatively complete set of litigation procedures, litigation claims must be jointly raised by both parties, not allowed unilateral withdrawal. Interest litigation cases are still heard in the ordinary hearing process and to identify the basic facts, the final judgment of the litigation belongs to the judge. In addition, litigation cases must also be submitted for review. Overall, the interest-litigation in the Ming Dynasty is the product of the combination of the disposition of the parties and the judicial authority.