學校、法律、地方社會──宋元的學產糾紛與爭訟

Abstract

本文以學校產業的紛爭解決，探討宋元時代的法律運作，觀察學校、官府和地方社會三者的互動關係，並藉此回應宋元之間延續與變化此一重要議題。 正文共分為六章，前二章首先討論宋代學產糾紛的起因、案件爭訟程序。可知在唐中葉以降，土地私有制逐漸確立，宋代社會田宅爭訟大量增加的背景下，學產也無可避免與民產一樣發生紛爭。官學除因身為政府機構，使其在提告時享有一些優遇外，其他部分的處理方式實與民產紛爭並無太大區別。第四章則指出，以往研究大多著重於官府和地方社會共同興學、相互合作的一面，但地方社會對於學校卻亦有利益衝突的一面。在現實的學產紛爭中，可知地方社會的豪強、寺院，甚至是士人，都有覬覦學產經濟利益的情況。加上官員的處理態度各有不同，以致學校必須努力打官司與保全證據提防未來可能的紛爭。從第五章開始，則透過不斷的比較，瞭解在元朝統治下，學校雖然得以承繼宋代的學產，但在統治者崇奉佛教、不似以往重視儒學等因素下，學校的地位與在社會上受到的重視程度，明顯與宋代不同。而此也造成學產紛爭增多，司法制度對學校變得不利，以及紛爭者越加強勢，官員對於學校的支持更為消極等影響，使得元代學校必須更費力打官司與多方設法保護學產。

This article explored the operation of law through the dispute settlement of school property, observing the interaction between schools, officials and local societies, in order to address the critical issue of continuity and change between Sung and Yuan Dynasty. This article was divided into six chapters. The first two chapters discussed the causes of disputes of school properties and the contentious proceedings. It was found out that after mid-Tang Dynasty, under the background of the gradual establishment of private ownership of land, significant increase of land and house disputes in Sung Dynasty, like civil properties, disputes of local school properties arose inevitably. Except that the public schools took advantages when filing lawsuits because they were official organizations, other proceedings were usually the same as dispute settlement of civil properties. The fourth chapter pointed out that most studies in the past focused on the aspects of co-founding schools and cooperation between the government and the local society. However, there were benefit conflicts between the local society and the local schools. From the disputes of local school properties happened in the reality, it was found out that the economical benefits of local schools were coveted by the tyrannical and powerful local elite, Buddhist monasteries and temples even intellectuals. In addition, the dealing attitude of different officials was different, so schools had to fight hard in the litigation and protect the evidence to avoid any potential disputes in future. From chapter 5, through continuous comparison, it indicated that under the domination of Yuan Dynasty, though local schools inherited school properties of Sung Dynasty, due to the facts that the rulers believed in Buddhism and not paid much attention to Confucianism as before, the social position of schools and level of importance was significantly different from that in Sung Dynasty, which resulted in the increase of disputes of local school properties. Affected by the factors that the legal system wasn’t favorable to schools, the more powerful the opposite side was, the weaker support from the officials for the schools was, hence, the local schools had to make more efforts in the litigation and protect the properties of the local schools from different aspects.