清代直诉制度研究
发布时间：2019-06-03 19:04
【摘要】： 直诉是中国古代法律规定的特别的申诉制度,即某些案情重大和冤抑莫伸者,可超出一般诉讼程序和诉讼管辖的限制,直接向最高统治者申诉。直诉作为我国古代发现和纠正冤假错案的一项重要制度,其历史可以溯源至西周。清代在承袭前代的基础上,形成了更为详细和完备的直诉制度。 作为一种非常申诉程序,清代对直诉案件提起的前提、方式、主体、受理等规定地十分严格。现实众多的案例向我们揭示的直诉运作实际,远比规定的更加复杂,也提供了大量的信息,使我们更加深入地了解清代直诉的司法运行的实效。中国的直诉制度带有强烈的人治色彩,老百姓往往把司法案件的公正审理寄托于清正廉明的官吏或圣德贤明的君主身上。我国古代社会深受儒家思想的影响,“无讼”一直是统治阶级所追求的理想境界。直诉通常被一般人视为畏途,视为万不得已才铤而走险之举。然而在清代中期之后,厌讼与健讼并存于民间,形成了奇特的法文化悖论。 直诉制度彰显了中国传统法律文化对真实的倚重,对实体正义的追求,纠正错误判决、平反冤情无疑是直诉制度的最大功能。直诉同时也是下情上达、监督司法官吏执法情况的一项重要制度。在当时的社会体制下,直诉也必然有其历史局限性。古代直诉制度已经成为历史,但不可否认的是,它对我国当代社会仍然有其影响力,我们不妨从中汲取历史的经验教训。
[Abstract]:Direct litigation is a special complaint system stipulated by ancient Chinese law, that is, those who have serious cases and do not extend their grievances can appeal directly to the supreme ruler beyond the limits of the general procedure and jurisdiction. As an important system to discover and correct wrongs and wrongs in ancient China, the history of direct litigation can be traced back to the Western Zhou Dynasty. On the basis of inheriting the previous generation, the Qing Dynasty formed a more detailed and complete direct prosecution system. As a kind of extraordinary complaint procedure, the premise, mode, subject and acceptance of direct prosecution cases in Qing Dynasty are very strict. The reality of direct prosecution operation, which many cases reveal to us, is far more complex than the stipulation, and also provides a lot of information, which makes us more deeply understand the actual effect of the judicial operation of direct prosecution in Qing Dynasty. China's direct prosecution system has a strong color of rule by man, and ordinary people often place the fair trial of judicial cases on clean and honest officials or saintly and wise monarchs. The ancient society of our country was deeply influenced by Confucianism, and "no litigation" has always been the ideal realm pursued by the ruling class. Direct prosecution is usually regarded by the general public as timid, as a last resort to take a dangerous move. However, after the middle of Qing Dynasty, the coexistence of litigation and health litigation in the folk formed a strange paradox of legal culture. The system of direct prosecution shows the dependence of Chinese traditional legal culture on reality, the pursuit of substantive justice, the correction of wrong judgment, and the rehabilitation of grievances is undoubtedly the greatest function of the system of direct prosecution. At the same time, direct prosecution is also an important system to supervise the law enforcement of judicial officials. In the social system at that time, direct prosecution must also have its historical limitations. The ancient direct prosecution system has become a history, but it is undeniable that it still has its influence on the contemporary society of our country, from which we might as well draw the experience and lessons of history.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D929;D925
本文编号：2492149
[Abstract]:Direct litigation is a special complaint system stipulated by ancient Chinese law, that is, those who have serious cases and do not extend their grievances can appeal directly to the supreme ruler beyond the limits of the general procedure and jurisdiction. As an important system to discover and correct wrongs and wrongs in ancient China, the history of direct litigation can be traced back to the Western Zhou Dynasty. On the basis of inheriting the previous generation, the Qing Dynasty formed a more detailed and complete direct prosecution system. As a kind of extraordinary complaint procedure, the premise, mode, subject and acceptance of direct prosecution cases in Qing Dynasty are very strict. The reality of direct prosecution operation, which many cases reveal to us, is far more complex than the stipulation, and also provides a lot of information, which makes us more deeply understand the actual effect of the judicial operation of direct prosecution in Qing Dynasty. China's direct prosecution system has a strong color of rule by man, and ordinary people often place the fair trial of judicial cases on clean and honest officials or saintly and wise monarchs. The ancient society of our country was deeply influenced by Confucianism, and "no litigation" has always been the ideal realm pursued by the ruling class. Direct prosecution is usually regarded by the general public as timid, as a last resort to take a dangerous move. However, after the middle of Qing Dynasty, the coexistence of litigation and health litigation in the folk formed a strange paradox of legal culture. The system of direct prosecution shows the dependence of Chinese traditional legal culture on reality, the pursuit of substantive justice, the correction of wrong judgment, and the rehabilitation of grievances is undoubtedly the greatest function of the system of direct prosecution. At the same time, direct prosecution is also an important system to supervise the law enforcement of judicial officials. In the social system at that time, direct prosecution must also have its historical limitations. The ancient direct prosecution system has become a history, but it is undeniable that it still has its influence on the contemporary society of our country, from which we might as well draw the experience and lessons of history.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D929;D925
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