清末云南地方修律中的中央与地方关系——从国家法和习惯法的视角

清末云南地方修律中的国家法和习惯法之间是一个从对立陌生到融合互补的过程,从中折射出清末修律过程中的中央与地方关系,并体现在从中央政权建设和权威渗透的途径、地方新兴势力的体制纳入需求与现实之间的张力预备立宪下地方自治的要求、民间社会秩序需求的地方法治等具体方面。分析的结论是:国家与社会的关系存在相互作用和补充的形态,并在地方文化权力关系网络、在组织运作场景的权力关系网络的纽结、场景成员的策略和行动以及与行动关联的知识、制度、行为习惯和利益中,保有和发展这种互动的连续的关系。

Relationship Between the Central and Local Governments as Reflected in Amendments to the State Law by Local Governments in Yunnan in Late Qing Period

In the local legislation in Yunnan and especially its amendments to laws laid out by the central Qing government,the state law and customary law underwent a process of change from direct confrontation to mutually complementary integration.This process reflects what the relationship was like at that time between the central and local governments,how the central government authority was established and how this authority was made to pervade,how the local newly rising forces wanted their needs to be embodied institutionally,how the local need for some constitutional autonomy was presented,and what kind of local legislation was demanded to keep local social order.The conclusion of this analysis is that a complementary interaction exists between the state and society and this relationship is maintained and carried out in various aspects of social life.