CAJ | 학술논문

清至民国时期,黔东南苗侗族民众在田土山林诉讼之后有独具特色的防御策略,即将官府判词刊刻在石碑上,立于桥头路口等众人途经之处,以警示他人以后对判决所涉田土山林不得再生觊觎之心。黔东南苗侗族民众之所以采取这种诉后防御策略,其主要有以下几个方面的原因：一是田土山林对黔东南传统苗侗族民众来说意义非常重大;二是意图减少或者避免以后的讼累;三是官府判决的权威性已经在黔东南得到显现。黔东南苗侗族民众的田土山林诉后防御策略对法制建设的启示：要加强对民众田土山林权益的保护,减轻民众的诉讼负担。
청지민국시기,검동남묘동족민음재전토산림소송지후유독구특색적방어책략,즉장관부판사간각재석비상,립우교두로구등음인도경지처,이경시타인이후대판결소섭전토산림불득재생기유지심。검동남묘동족민음지소이채취저충소후방어책략,기주요유이하궤개방면적원인：일시전토산림대검동남전통묘동족민음래설의의비상중대;이시의도감소혹자피면이후적송루;삼시관부판결적권위성이경재검동남득도현현。검동남묘동족민음적전토산림소후방어책략대법제건설적계시：요가강대민음전토산림권익적보호,감경민음적소송부담。
The people of Miao and Dong nationality in the southeast regions of Guizhou province had their own defensive mechanisms after forest lawsuit from the Qing dynasty to the Republic of China. It was their defensive mechanisms that inscribing the judgement of local authorities on the stone tablet and set it upright at the bridgehead or crossroad in order to warn other people not to covet the forest which judged by the local authorities＇judgement. Their are mostly three reasons for the defensive mecha- nisms. First, the forest was significant to the Miao and Dong nationality in the southeast regions of Guizhou province; secondly, it could reduce or avoid troublesome which caused by the lawsuit; thirdly, the authority of the judgement of lol：al authorities had appeard in the southeast regions of Guizhou province. It can give us some illuminations on the construction of legal system： Protect the rights and interests of field and forest of the people and reduce the heavy lawsuit burdens of the people.