公堂上的械鬥：清代竹南地區的族群關係與訴訟策略

Ethnic Battle on the Court: Ethnic Relation and Litigation Strategy in Zhunan Region during Qing

本文透過《淡新檔案》關於不同族群之間的訴訟案件，說明其將族群做為訴訟策略的原因、使用時機，以及其所反映出竹南地區的族群關係。族群做為訴訟策略的目的在於將對方拉上談判桌或是將衝突明朗化的手段，同時用以塑造對方強勢的形象，而自己弱勢含冤的形象。此一策略之所以看似有效，是因為清代臺灣族群衝突的方式已經從械鬥到訴訟策略，從暴力行為到成本較低的訴訟行為，平時相安無事，在衝突發生時，族群便成為一種區分彼我的標準。但即使閩粵兩造發生糾紛，閩人還是會委託粵籍代書，反之亦然，也說明了族群的彼我之分並非如此涇渭分明，而是一種可資利用的策略性手段。

This article analyzes the reasons and timing for using ethnicity as a litigation strategy, and the ethnic relations in the Zhunan region as reflected in the Dan-Xin Archives. The disputes between Fujian and Guangdong, or between Zhangzhou and Quanzhou, were often topic on the issue of land oc-cupation. Although ethnic was not necessarily the most important litigation strategy in land occupation cases, these cases illustrate the legacy of ethnic conflicts in Taiwan during the Qing Dynasty. The Dan-Xin Archives reflect that the purpose of the ethnic strategy is twofold: first, it is a means of bring-ing the other side to the negotiation table or making the conflict clear, and second, it is used to portray a strong image of the oppressed side, even if it has a disadvantage, still has a certain chance of gaining benefits, and how to create the image of being weak and aggrieved by presenting the case is the key point of the strategy. The reason why this strategy seems to be effective is because of the influence of ethnic politics in Taiwan during the Qing Dynasty, whereby ethnicity became a line between the alliance and enemy. In normal times they may have lived peacefully, buying and selling lands or living in a mixed community, when conflicts arose they could quickly stand on different side. Therefore, even in the case of disputes between Fujian and Guangdong, the Fujian people would still hire the Cantonese lawyer, and vice versa. It shows that the division between the two ethnic groups was not such a clear line, but rather a tactical device that could be utilized. In Qing Dynasty Tai¬wan, ethnic strategy was a key factor, and it also reflected the complexity of ethnic relations. Although sometimes the disadvantaged groups in the local society used this as a way to portray themselves as the victims of injustice, the county officials did not necessarily believe them, but rather based on the reasonableness of the facts and the actual evidence. It can also be ob¬served that the way of ethnic conflict in Taiwan during the Qing Dynasty has changed from armament to litigation strategy, from violent behavior to less costly litigation behavior.