法律视角下的周汉反教案
发布时间：2018-12-18 19:29
【摘要】：晚清叔世,随着不平等条约的订立,西洋商货、器械、兵制、法律、礼仪不断涌入中国,曾经备受压制的西洋宗教亦获得了新的发展。同明末的局面不同,清末基督教遭到普遍敌视与抵制,频繁爆发的民教冲突成为晚清社会一大动荡之源。观念、文化以及法律适用上的差异造成《大清律例》在处理教案这一类案件时不自觉地陷入了难以摆脱的困境。笔者选取19世纪90年代发生的周汉反教案件进行分析,试图从中挖掘出一些具有代表性意义的特征。 论文包括导言、正文、结语三个部分。其中正文部分包括三个章节。 导言简述清末教案的时间、数量和程度,以及笔者选择周汉反教案件的原因。 正文第一章回顾了周汉反教案件的大体案情。1890年代初的“长江教案”是周汉反教案的先声,长江中下游流域在短时间内频频爆发规模较大的打教案件,使得西方传教士和外交官认定背后必定有较高级别的中国官绅指使、挑唆。英国传教士杨格非在湖北境内发现大量反教书文揭帖后呈送英国驻汉口领事,同时其他各国也不断搜集到类似文件。所有的矛头都指向闲居在湖南长沙的乡绅周汉。总理衙门向时任湖广总督的张之洞施加压力,张之洞遂于光绪十八年(1892年)将周汉革职;数年后,于国势艰危、时局吃紧之际,周汉再度大量散布反教揭帖,时任湖南巡抚的陈宝箴果断引用律例中的疯病例,判处周汉长期监禁。此案遂告终结。 正文第二章主要讨论该案司法模式中的几个问题。通过研究相关奏折、电文、供词等原始文件,提出并分析了四个问题,分别是罪名的认定问题、“如有别项劣迹,奏明酌量办理”问题、为达到政治效果而将人强行入罪的司法不公正问题以及反教官绅的法律素养问题。这几个问题不但反映出教案司法处理过程中的一些普遍问题,也折射出中华法系自身的某些缺陷。 正文第三章以周汉反教案为例,探讨教案的文化冲突意义以及法律与宗教、法律与信仰自由的问题。笔者认为文化冲突原因在以往的研究中被低估,要从根本上解决这一冲突,唯一的方法就是,法律能够真正保障人民的信仰自由权利。而这一点又是以“务使百官万民畏名义而重犯法”1为基本宗旨的《大清律例》所无法提供的。因此,在中华法系的框架内圆满解决教案的努力,终究无法获得最终的成功。 结语部分对文章进行了简要的总结。
[Abstract]:In the late Qing Dynasty, with the making of unequal treaties, western merchants, equipment, military system, law, etiquette and so on, the western religion, which was once oppressed, got new development. Different from the situation in the late Ming Dynasty, Christianity met with widespread hostility and resistance in the late Qing Dynasty, and frequent civil and religious conflicts became a major source of turbulence in the late Qing Dynasty. The differences in concept, culture and application of the law caused the Qing Dynasty to fall into a difficult position when dealing with the case of teaching plan. In order to find out some representative features, the author chooses the anti-religion cases of Zhou and Han dynasties in the 1890s to analyze. The thesis includes three parts: introduction, text and conclusion. The text includes three chapters. The introduction briefly describes the time, quantity and degree of the teaching cases in the late Qing Dynasty and the reasons why the author chose the anti-religious cases in the Zhou and Han dynasties. The first chapter of the text reviews the general facts of the anti-religion cases in the Zhou and Han dynasties. In the early 1890s, the "Yangtze River teaching case" was the forerunner of the Zhou and Han anti-religion cases, and the middle and lower reaches of the Yangtze River frequently broke out the large-scale anti-teaching cases in a short period of time. Western missionaries and diplomats believe that there must be a higher level of Chinese officials and gentry, instigated. Yang Gefei, an English missionary, discovered a large number of anti-teaching articles in Hubei and sent them to the British Consul in Hankou, while other countries kept collecting similar documents. All the spearheads were directed at the squire Zhou Han, who lived idle in Changsha, Hunan. Premier Yamen put pressure on Zhang Zhidong, who was then governor of Huguang, and then Zhang Zhidong dismissed Zhou and Han in 18 years (1892). A few years later, at a time when the country was struggling and the situation was tight, Zhou Han was again widely spreading anti-religious postings. Chen Baozhen, then governor of Hunan Province, was sentenced to a long prison term by citing the crazy cases in the statutes. The case was concluded. The second chapter mainly discusses several problems in the judicial model of this case. By studying the original documents, such as related notes, messages and confessions, this paper puts forward and analyzes four problems, namely, the problem of the determination of the charges, the problem of "making clear the discretion to deal with the misdeeds", In order to achieve the political effect, the judicial injustice of forcing people into crime and the legal literacy of anti-instructors and gentry are also discussed. These problems not only reflect some common problems in the course of judicial handling of teaching cases, but also reflect some defects of Chinese legal system itself. The third chapter discusses the significance of cultural conflict and the freedom of law and religion, law and belief. The author thinks that the cause of cultural conflict has been underestimated in the past. The only way to solve this conflict is that the law can truly guarantee the people's right to freedom of belief. However, this point can not be provided by the Qing Law, which aims at reoffending the people in the name of "making a hundred officials feared by the people". Therefore, in the framework of the Chinese legal system, successful efforts to resolve teaching plans, ultimately can not achieve final success. The conclusion part makes a brief summary of the article.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929
本文编号：2386385
[Abstract]:In the late Qing Dynasty, with the making of unequal treaties, western merchants, equipment, military system, law, etiquette and so on, the western religion, which was once oppressed, got new development. Different from the situation in the late Ming Dynasty, Christianity met with widespread hostility and resistance in the late Qing Dynasty, and frequent civil and religious conflicts became a major source of turbulence in the late Qing Dynasty. The differences in concept, culture and application of the law caused the Qing Dynasty to fall into a difficult position when dealing with the case of teaching plan. In order to find out some representative features, the author chooses the anti-religion cases of Zhou and Han dynasties in the 1890s to analyze. The thesis includes three parts: introduction, text and conclusion. The text includes three chapters. The introduction briefly describes the time, quantity and degree of the teaching cases in the late Qing Dynasty and the reasons why the author chose the anti-religious cases in the Zhou and Han dynasties. The first chapter of the text reviews the general facts of the anti-religion cases in the Zhou and Han dynasties. In the early 1890s, the "Yangtze River teaching case" was the forerunner of the Zhou and Han anti-religion cases, and the middle and lower reaches of the Yangtze River frequently broke out the large-scale anti-teaching cases in a short period of time. Western missionaries and diplomats believe that there must be a higher level of Chinese officials and gentry, instigated. Yang Gefei, an English missionary, discovered a large number of anti-teaching articles in Hubei and sent them to the British Consul in Hankou, while other countries kept collecting similar documents. All the spearheads were directed at the squire Zhou Han, who lived idle in Changsha, Hunan. Premier Yamen put pressure on Zhang Zhidong, who was then governor of Huguang, and then Zhang Zhidong dismissed Zhou and Han in 18 years (1892). A few years later, at a time when the country was struggling and the situation was tight, Zhou Han was again widely spreading anti-religious postings. Chen Baozhen, then governor of Hunan Province, was sentenced to a long prison term by citing the crazy cases in the statutes. The case was concluded. The second chapter mainly discusses several problems in the judicial model of this case. By studying the original documents, such as related notes, messages and confessions, this paper puts forward and analyzes four problems, namely, the problem of the determination of the charges, the problem of "making clear the discretion to deal with the misdeeds", In order to achieve the political effect, the judicial injustice of forcing people into crime and the legal literacy of anti-instructors and gentry are also discussed. These problems not only reflect some common problems in the course of judicial handling of teaching cases, but also reflect some defects of Chinese legal system itself. The third chapter discusses the significance of cultural conflict and the freedom of law and religion, law and belief. The author thinks that the cause of cultural conflict has been underestimated in the past. The only way to solve this conflict is that the law can truly guarantee the people's right to freedom of belief. However, this point can not be provided by the Qing Law, which aims at reoffending the people in the name of "making a hundred officials feared by the people". Therefore, in the framework of the Chinese legal system, successful efforts to resolve teaching plans, ultimately can not achieve final success. The conclusion part makes a brief summary of the article.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929
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