晚清上海公共租界谳员研究

发布时间：2018-03-13 22:43

本文选题：上海公共租界　切入点：会审公廨　出处：《华东师范大学》2015年硕士论文　论文类型：学位论文

【摘要】：本文以晚清上海公共租界谳员为研究对象,在简要介绍历任谳员基本情况的基础上,主要围绕谳员的资历与背景、任期与离职等一般特征以及谳员的司法审讯等日常工作展开论述,并将谳员置于晚清上海复杂的政治格局之中加以审视,以期揭示位低权轻的谳员处于华洋对峙与冲突的夹缝中进退两难的尴尬处境。第一章“公共租界谳员的出现”,主要叙述晚清上海公共租界谳员的基本情况。在对会审公廨18名谳员作简单介绍,试图展示谳员个体形象之外,围绕资历与背景、任期和离职等问题,对谳员群体的一般特征作具体的量化分析。第二章“谳员的日常工作”,围绕谳员的两项主要工作,即案件审理以及发布告示,展开论述。作为会审公廨的掌印官,谳员需要受理大量的公堂案件,包括每日的公堂琐案以及定期的会讯案件。除了本职的司法工作外,谳员还肩负不可推卸的行政职责,其中,为维护租界秩序,加强社会管理而颁发告示,是谳员最常见的行政工作。因身处租界的特殊环境,谳员在工作的过程中,难免会与租界当局发生权力冲突。第三章“谳员的个案分析”,对首任谳员陈福勋以及三任谳员的关纲之进行个案分析。在对谳员群体的基本情况以及工作内容作出总体性描述后,本章以陈福勋和关纲之为代表,对他们的谳员生涯作具体详细的介绍。通过对前后不同时期任职谳员的分别考察,有助于展现不同时段下谳员工作情形的变化。第四章“官、商之间——谳员的权力关系”,将谳员置于晚清上海复杂的政治格局之中,分别考察谳员与华界政治、谳员与租界当局之间的权力关系。此外,随着沪上绅商团体的崛起,在华洋当局之外,谳员的权力又遭到了来自商会的分割与限制。结语在前文的基础上,主要对谳员的处境与地位作出评述,以期揭示身处晚清上海复杂政治格局之中,位低权轻的谳员,在中外权势之争中,势必陷入进退两难的境地。
[Abstract]:Based on a brief introduction of the basic situation of the former members of the public concession in Shanghai in the late Qing Dynasty, this paper focuses on the qualifications and background of the members. The general characteristics of tenure and resignation, as well as the judicial trial of the members of the department, were discussed, and the members of the prison were placed in the complex political structure of Shanghai in the late Qing Dynasty to be examined. The first chapter, "the appearance of public concession officials", mainly narrates the basic situation of Shanghai public concession officers in the late Qing Dynasty. A brief introduction was made by 18 members of the mixed Court, This paper attempts to show the individual image of the members of the department, and makes a specific quantitative analysis of the general characteristics of the prison staff group around the issues of seniority and background, tenure and resignation. Chapter two, "the Daily work of the members of the Department", revolves around the two main tasks of the members of the department. That is, the trial of cases, the publication of notices, and the discussion. As the chief printer of the mixed Court, the members of the court have to accept a large number of court cases, including daily court cases and regular hearings. In addition to their own judicial work, Members of the department also shoulder unshirkable administrative responsibilities. Among them, the issuance of notices to maintain order in the concession and strengthen social management is the most common administrative work of the members of the department. Due to the special circumstances of the concession, the members of the department are in the process of working. It is inevitable that there will be a conflict of power with the concession authorities. Chapter 3, "case analysis of the members of the department", makes a case study of Chen Fuxun, the first member of the department, and the outline of the three members of the department. In the light of the basic situation of the members of the department and the contents of their work. After the overall description, This chapter takes Chen Fuxun and Guan Gang as the representative, makes a concrete and detailed introduction to their career of serving in the department. Through the investigation of the members serving in the department at different periods of time, it is helpful to show the changes of the working conditions of the members of the department in different periods of time. Chapter 4th, "officials," The relationship of power between the Shang and the members of the department ", put the members of the department in the complex political structure of Shanghai in the late Qing Dynasty, examining the power relationship between the members of the department and the politics of the Chinese border, between the members of the department and the concession authorities, respectively. In addition, with the rise of the gentry and commercial organizations in Shanghai, In addition to the Chinese foreign authorities, the power of the members of the sentencing department was further divided and restricted by the Chamber of Commerce. The conclusion, on the basis of the above, mainly commented on the situation and status of the members of the prison, in order to reveal that they were in the complex political structure of Shanghai in the late Qing Dynasty. A low-power and low-power member is bound to be caught in a dilemma in the struggle for power at home and abroad.
【学位授予单位】：华东师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：K252

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