摘要
邊疆少數民族地區的社會秩序歷來為各朝統治者所重視。在漢夷雜處之地，漢官和土職均有各自的轄區，多元的權威主體增加了社會治理的難度，搶盜案件的破獲難度亦隨之增加。遇有搶劫、盜竊和擄賣人口案件，除由官府懸賞緝捕外，當事人亦會自費酬謝提供線索的報信人。按照彝族習慣法，此項報口銀最終由犯罪者承擔，但在司法實踐中，若無報信文約，官府通常不會支持放報人的追償請求。對報口姓名保密的習慣亦被打破，報口因司法需要而成為案件證人。這是地方習慣面對國家法的選擇性吸納時自我調適的結果，呈現出了彝族習慣法和國家法融合過程的曲折複雜及邊疆社會治理的重重困難。
The social order in border ethnic minority areas has always been of great importance to the rulers of various dynasties. In areas of mixed Han-Yi 漢夷 settlement, both Han officials and indigenous chieftains held jurisdiction over their respective domains. This multiplicity of authorities complicated social governance and increased the difficulty of solving robbery and theft cases. When incidents such as robbery, theft, or human trafficking occurred, in addition to government-issued bounties for arrests, rewards to informants who provided leads were also offered personally by victims. According to Yi 彝 customary law, the cost of this “informant’s reward” (baokou yin 報口銀) was ultimately to be borne by the perpetrator. However, in judicial practice, without a written contract, authorities typically did not support the informant’s (fangbao ren 放報人) claim for reimbursement. The customary practice of protecting the anonymity of informants was also undermined, as informants were required to testify as witnesses in court proceedings. This reflects the dynamic adaptation of local customs when selectively incorporated into state law, revealing the twists and turns in the integration of the customary laws of the Yi with state law, as well as the profound challenges of governing frontier societies.
關鍵詞
彝族習慣法、冕寧檔案、會理檔案、懸賞緝拿
Yi customary laws, Mianning county judicial archives, Huili county archives, government-issued bounties
