按法而行，委曲劝谕——南宋蔡杭的民事纠纷处理及其意蕴

Acting According to the Law and Persuading by Commissions—Cai Hang and the Handling of Civil Disputes in the Southern Song Dynasty

摘要: 南宋蔡杭出身理学名家，科举进士，谙熟经史，儒学在他的知识结构中占据了最重要的位置。作为司法官员，蔡杭对民事纠纷的处理具有强烈的礼本刑用色彩，除了严格按照法律处理财产纷争之外，他试图恢复被破坏的家庭伦理秩序，世俗司法成为蔡杭捍卫儒家信仰的技术性工具。蔡杭是南宋士大夫司法中的典型，而他的历史命运则是无法藉由司法挽救“民间细故”中儒家信仰的颓势。

Abstract: Born in a famous family of science, Cai Hang, a scholar in the imperial examination in the Southern Song Dynasty, was well-versed in economics and history. And Confucianism occupied the most important position in his knowledge structure. As a judicial official of the Southern Song Dynasty, Cai Hang’s handling of civil disputes combines ethics and penalty. In addition to dealing with property disputes in strict accordance with the law, he attempted to restore the destroyed ethical order of the family, and secular justice became a technical tool for Cai Hang to defend his Confucian beliefs. Cai Hang is a typical example of the Southern Song judicial scholars who were doomed to fail in salvaging the decline of Confucian beliefs in the “folk tales” through the administration of justice.