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官府对民事案件的相对轻视,使得清代的民事诉讼具有当事人选择的被迫性,但又并非“高不可就”;民众具有一定的法律意识,但又常常夸大案情;州县官在司法审判上拥有较大裁量权,也很少进行调处等特点。
The relative contempt of the government in civil cases made the civil litigation in Qing Dynasty have the force of choice of the parties, but it was not “untenable”; the public had certain legal awareness but often exaggerates the facts; Judicial judgment has a greater discretion, but also rarely adjust the characteristics.