晚清北部臺灣「分家」訴訟之研究──以《淡新檔案》之「爭財」等類型為研究對象

晚清時期臺灣的分析家產，雖然在大清律例的規範及社會習俗的約制下進行，卻仍不免迭有爭議糾紛，甚至必需訟告到官府尋求解決。從《淡新檔案》保存下來的分家爭訟案例，歸結其主要原因在於分家的書面約定─鬮書內容方面有了歧見。一者來自外在環境的改變，或因部份繼承人死亡，以致原有的分配約定與現況脫節；一者是緣自家庭內部成員的心結所致，特別是寡母或不具血緣關係的養子與各房之間，容易對於原有家產分配─鬮書，生出錙銖必較之心，造成互不相讓的僵局。官府面對這些分家糾葛，設法在法、理、情三者之間取得平衡，以達止訟息爭。透過《淡新檔案》的文獻實例探析，可以瞭解到當時臺灣民間分家運作上的諸般面向。 In Northern Taiwan in the late Qing dynasty, the division of family property was basically conducted under the Qing law and social conventions, though, there were still disputations continuously, some of which even could be resolved only through lawsuit. From the existed relative litigation cases saved in the ''Tan Hsin Archives'', the main reason of this kind of argument could be summarized as the conflicting recognitions of the content on the written agreement of division of the family property. One of these conflicting recognitions was due to the change of external environment, such as part of the heirs died, and as a result, the actual status of division could not match with the original agreement.The other one was due to the internal knot between the family members, especially while treating the widow or non-biological related adopted son, the family members always fight over every details of the agreement till to a deadlock, without way out. To terminate these family disputations, the government tended to mediate between the members by balancing the leverage of law, principle and affection in order to settle the litigation peacefully.Through the analysis of the literature examples of '' Tan HsinArchives '', we can get the various aspects of how the family property was divided in northern Taiwan at that time.