靜觀法意，動緣民情──清代知府邱煌的理訟生涯

Observe the Law’s Intention and Be in Tune with Popular: The Legal Career of Qing-Dynasty Magistrate Qiu Huang

邱煌（1784-1858），於道光年間（1821-1850）出守陝西各道、府長達20年，因聽訟可「片言折獄」，當地百姓譽之為「神人」「邱一堂」。從邱煌著述的判牘、詩文、政論及時人的記載可見，邱煌理斷的糾紛主要是下級縣衙無法平息的民間細故。他著眼於後訴訟時期人倫關係的修復，在公開審理時不忘教化一方風俗，保養一方民生。其審判技巧在於，首重書契勘驗和邏輯推理，不拘泥於單純的律例條文乃至案件真相，在「揆情察理」的基礎上分配兩造利害，達到「永息爭競」的良好效果。邱煌的理訟生涯，不惟代表了清代地方官統轄地方的通常狀態，也為揭示傳統時代的地方治理策略提供了新的視角和方法。

Qiu Huang 邱煌 (1784-1858) served in various circuits and prefectures in Shaanxi during the Daoguang 道光 reign (1821-1850). He was said to be able to settle litigation with a single word, and so was known among the local people as a “miracle worker” (shen ren 神人) or “Qiu Yitang” 邱一堂. It can be seen from the records of judgment, poems, and political discussions written by Qiu Huang and records made by his contemporaries that the disputes settled by Qiu Huang mainly concerned small matters among the people that the lower levels of administration in the county could not resolve. He focused on the restoration of human relations post-litigation, and in the public trial did not forget on the one hand to seek to improve customs and on the other to maintain the livelihood of that place. His judicial skill lay in that he first attached importance to the inspection of deeds of contract and logical reasoning; he did not purely stick to the provisions of the statute or even the truth of the case. On the basis of “considering the circumstances and judging by common sense” (kuiqing chali 揆情察理), he balanced the interests of both parties so as to achieve the “permanent cessation of conflict” (yongxi zhengjing 永息爭競). Qiu Huang’s career in litigation not only represented the customary state of the localities under Qing jurisdiction, but also provides a new perspective and method that illuminates traditional strategies of local governance.