清代衍圣公司法权研究
发布时间：2018-11-28 18:48
【摘要】：清代衍圣公具有一定司法权,主要体现为传统族权与政权的结合,一方面,作为孔氏宗族的大宗主,衍圣公拥有管辖族人以及宗族事务的权力;另一方面,凭借孔子嫡系子孙的地位,衍圣公的权力亦受到历代政权与法律的支持和维护。从管辖对象上看,衍圣公的司法管辖权包括孔氏族人和公府所辖属员、人户、田土等,其分布不以某一行政区域为限,且不受地方州县官的控制,遂形成独立于地方州县的司法管辖范围。衍圣公府是历代孔氏后裔聚居之地,亦是衍圣公司法权实现的主要依托机构。衍圣公府以族长衙门、管勾衙门、百户衙门等公府组织机构为载体,负责对孔氏族人、佃户以及田土的严密控制和管理。在司法审判程序上,衍圣公府大体遵循清代地方官府一般的司法运作程序,包括有起诉和受理,传唤、拘提和缉捕,调处,堂审判罚等步骤。衍圣公府虽非正式司法机构,但大体遵循清代地方官府一般的司法运作程序,有时还要借助地方官府维护自身利益。在司法实践中,衍圣公凭借其圣人嫡裔的身份和政治上的崇高地位对曲阜县、山东省内从省到县各级及外省地方司法均有干预,但方式和效果各异。曲阜知县长期由孔氏族人充当的特殊性,使衍圣公在曲阜建立起独立于县级司法以外的司法体系,对曲阜地方的司法审判有深刻影响。在山东省内其他州县司法事务的处理中,衍圣公或通过直接行文州县官,或通过对其上级司法机构的行文,实现对地方司法的干预,效果比较明显,有时也受到限制。对省外地方司法的干预主要围绕各处庙产的争夺和人户身份的认定为中心,但效果极为有限。
[Abstract]:In the Qing Dynasty, the emperor had certain judicial power, mainly reflected in the combination of traditional clan power and political power. On the one hand, as the great patriarch of the Confucius clan, Yan Shenggong had the power to govern the people and the clan affairs. On the other hand, by virtue of the status of Confucius' direct descendants, the power of Yan Sheng Gong was supported and maintained by successive regimes and laws. From the point of view of the object of jurisdiction, the jurisdiction of Yan Shenggong includes the members of the kung clan and the members of the prefectures, households, fields, etc. Their distribution is not limited to a certain administrative region, and is not controlled by the local state and county officials. Thus the formation of jurisdiction independent of the local state and county jurisdiction. Yanshenggongfu is the settlement of the descendants of Confucius in past dynasties, and it is also the main support institution for the realization of the judicial power of Yan Shenggong. Yanshenggong Prefecture is responsible for the strict control and management of the kung clan people, tenants and land by the administrative organs of the patriarchs, the mandarins, the mandarins and the hundred Yamen. In the judicial procedure, Yanshenggongfu generally followed the general judicial operation procedure of the local government in the Qing Dynasty, including the steps of prosecution and acceptance, summons, arrest and arrest, mediation and punishment, and so on. Although Yanshenggongfu is an informal judicial institution, it generally follows the general judicial operation procedure of the local government in the Qing Dynasty, and sometimes it has to resort to the local government to safeguard its own interests. In judicial practice, Yan Shenggong intervened in Qufu County, Shandong Province, from provincial to county levels and other provinces by virtue of his sage's identity and political lofty status, but in different ways and effects. For a long time, Qufu County was served by the people of Kong clan, which made Yan Shenggong establish a judicial system independent of county-level judicial system in Qufu, which had a profound influence on the local judicial trial in Qufu. In the handling of judicial affairs of other states and counties in Shandong Province, the effect of Yan Shenggong's intervention to the local judicial affairs is obvious, and sometimes restricted, either through the direct writing of the state and county officials, or through the writing of their superior judicial organs. The intervention of the local judicature outside the province revolves around the contention of temple property and the identification of the household identity, but the effect is very limited.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929
本文编号：2363929
[Abstract]:In the Qing Dynasty, the emperor had certain judicial power, mainly reflected in the combination of traditional clan power and political power. On the one hand, as the great patriarch of the Confucius clan, Yan Shenggong had the power to govern the people and the clan affairs. On the other hand, by virtue of the status of Confucius' direct descendants, the power of Yan Sheng Gong was supported and maintained by successive regimes and laws. From the point of view of the object of jurisdiction, the jurisdiction of Yan Shenggong includes the members of the kung clan and the members of the prefectures, households, fields, etc. Their distribution is not limited to a certain administrative region, and is not controlled by the local state and county officials. Thus the formation of jurisdiction independent of the local state and county jurisdiction. Yanshenggongfu is the settlement of the descendants of Confucius in past dynasties, and it is also the main support institution for the realization of the judicial power of Yan Shenggong. Yanshenggong Prefecture is responsible for the strict control and management of the kung clan people, tenants and land by the administrative organs of the patriarchs, the mandarins, the mandarins and the hundred Yamen. In the judicial procedure, Yanshenggongfu generally followed the general judicial operation procedure of the local government in the Qing Dynasty, including the steps of prosecution and acceptance, summons, arrest and arrest, mediation and punishment, and so on. Although Yanshenggongfu is an informal judicial institution, it generally follows the general judicial operation procedure of the local government in the Qing Dynasty, and sometimes it has to resort to the local government to safeguard its own interests. In judicial practice, Yan Shenggong intervened in Qufu County, Shandong Province, from provincial to county levels and other provinces by virtue of his sage's identity and political lofty status, but in different ways and effects. For a long time, Qufu County was served by the people of Kong clan, which made Yan Shenggong establish a judicial system independent of county-level judicial system in Qufu, which had a profound influence on the local judicial trial in Qufu. In the handling of judicial affairs of other states and counties in Shandong Province, the effect of Yan Shenggong's intervention to the local judicial affairs is obvious, and sometimes restricted, either through the direct writing of the state and county officials, or through the writing of their superior judicial organs. The intervention of the local judicature outside the province revolves around the contention of temple property and the identification of the household identity, but the effect is very limited.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929
【参考文献】
相关博士学位论文 前1条
1 李艳君;从冕宁县档案看清代民事诉讼制度[D];中国政法大学;2008年
相关硕士学位论文 前1条
1 时光慧;从孔府祭田纠纷看清代民事审判的在地化特征[D];中国政法大学;2008年
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