清代按察使司法职能研究

发布时间：2018-07-05 13:10

本文选题：清代 + 按察使　；参考：《吉林大学》2011年硕士论文

【摘要】：清代的按察使是按察使司的主官,其经过唐、宋、元、明的发展递嬗已经达到了比较完善的程度,按察使已经成为执掌地方审判、监察职能的重要官吏。本文主要阐述按察使的司法职能。清代是中国古代社会最后一个封建王朝,在司法方面,有着严格的等级划分。清代审级有中央和地方之分,其地方的审级与地方行政区划是一致的,分为州县、府、省。省一级政府由督抚、两司、守巡道等主要衙门组成,其中作为“两司”之一的按察使司负有较重的司法职能。本文第一章重点回溯按察使的历史发展。唐代是按察使的萌芽时期,然而在唐代按察使的身份都只是监察使臣,但正是这样的监察使臣催生了后世按察使的形成与发展。宋代是按察使的发展时期,这时的提点刑狱官是清代按察使的真正前身,虽然在名称上与后世按察使不同,但在职权上,宋代提点刑狱官具备了按察使的本质属性。经元代,到了明代按察使已经发展到了成熟阶段,在职权上也得到加强,清代按察使制度深受其影响。本文的第二章则着重阐述清代按察使的司法职能,其司法职能主要包括审理自理案件、对当事人上控的刑事案件进行处理、复审全省刑案、主办全省秋审事务等。按察使自理案件的范围大致包括两个方面：一是审理督抚、藩司、学政、提督及本司等衙门书吏、差役、幕友、长随等人的轻微刑事案件；二是审理所属州县上控的民间词讼,其中包括不服州县的处理而上控到司的案件和当事人未经第一审直接上控到按察使处的案件两类。上控到按察使处的刑事案件有未经州县审理而直接上控的案件和州县审断不公或枉法不予受理而上控的案件两种情况。清代的刑事案件实行逐级审转复核制,徒刑以上案件层层审转,按察使对上报来的徒刑案卷进行复核,对招解来的军流、死罪案犯、证佐进行复审。按察使在秋审中担负较为职责,首先要核办招册,然后对审录解省人犯及各案的看语略节进行先期定稿。本文的第三章总结清代按察使在履行其司法职责过程中所秉持的司法精神。按察使在地方的司法审判中的作用十分重要,因而按察使所秉持的息讼安民、抑强扶弱、儒家伦理等司法精神对清代司法审判的良好风气的形成有着比较深刻的影响。
[Abstract]:In the Qing Dynasty, the official was the chief official of the department. The development and evolution of the Tang, Song, Yuan and Ming dynasties had reached a relatively perfect level, and the envoy had become an important official in charge of the local judicial and supervisory functions. This article mainly elaborates the judicial function of the envoy. The Qing Dynasty was the last feudal dynasty in ancient China. There were central and local levels in the Qing Dynasty, the local jurisdiction and local administrative divisions are consistent, divided into states, counties, prefectures, provinces. The provincial government is composed of the governor, the two departments and so on. As one of the "two departments", the provincial government has a heavy judicial function. The first chapter of this paper focuses on the historical development of the emissary. The Tang Dynasty was the budding period of the envoy, but in the Tang Dynasty, the official was only supervising the envoy, but it was this kind of monitoring envoy that gave birth to the formation and development of the envoy in later generations. The Song Dynasty was the period of the development of the envoy. At this time, the jailer was the real predecessor of the Qing Dynasty. Although the name was different from that of the later generation, the Song Dynasty had the essential attribute of the judge. By the Yuan Dynasty, the Ming Dynasty has developed to a mature stage, in terms of power has also been strengthened, the Qing Dynasty according to the system of the emissary was deeply affected. The second chapter focuses on the judicial functions of the Qing Dynasty, whose judicial functions mainly include the trial of self-care cases, the handling of criminal cases charged by the parties, the review of criminal cases in the whole province, and the hosting of the autumn trial affairs of the whole province, and so on. The scope of the self-care case by the chancellery roughly includes two aspects: one is to try minor criminal cases involving the governor, the vassal, the school, the governor, and this department, and so on; the other is to try the minor criminal cases of the officers, screen friends, and officials; and the second is to try the civil words brought by the prefectures and counties under their jurisdiction. There are two types of cases, which are not subject to the handling of the state and county, and the cases of the parties who have not been directly charged in the first instance to those of the Ministry of Justice. There are two kinds of cases which have not been tried directly by the state and county and the cases that the state and county adjudicate unjustly or the law is not accepted. The criminal cases in the Qing Dynasty were reviewed at different levels, and the cases of imprisonment above were reviewed layer by layer, and the military flow, capital crimes and witnesses were reviewed by the examiner. According to the chancellors in the autumn to shoulder more responsibilities, first of all, to check the book, and then to the trial of provincial criminals and the sentence of each case in advance of the final version. The third chapter summarizes the spirit of justice in the process of performing his judicial duties. The role of the envoy in the local judicial trial is very important, so the judicial spirit, such as peace, restraint, and Confucian ethics, has a profound influence on the formation of the good atmosphere of judicial trial in the Qing Dynasty.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929;D926.3

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