清代民人受风水观念的影响,盗葬案件频发,出现了各种各样的坟葬纠纷。出于对社会秩序的维护,律例明令禁止盗葬行为,相应地,承担牧令之责的地方官和承担维护族内秩序的宗族也不断申明法令,进行了更加详细的规定。司法实践中,属于民间细故的那些坟葬纠纷,可以由州县自行决断并审结案件,在这种案件中,州县官具有较大的自由裁量权。纠纷若升级为恶性刑事案件,须层层上报省级和中央,其审断彰显出地方司法机关与中央司法机关的一些差异。 Affected by the concept of Feng Shui in the Qing dynasty, burial cases were frequent and various kinds of grave disputes emerged. Due to the maintenance of social order, the statute prohibits the acts of piracy. Accordingly, the local officials who bear the responsibility of grazing orders and the clans who bear the responsibility of maintaining the order in the tribe keep affirming the decrees and making more detailed provisions. In judicial practice, those graves disputes that belong to folklore can be decided by the state and the courts and concluded the cases. In such cases, the state magistrate has more discretion. If the dispute is to be upgraded to a vicious criminal case, the dispute shall be reported to the provincial and the central government at various levels, and its adjudication shows some differences between the local judiciary and the central judiciary.