中国幕府之刑名师爷的法治精神--以绍兴本土法律文化为视野

On Jurisprudence Secretaries' Spirits of Rule by Law in Office of the Commanding Officer of Chine--Taking Shaoxing Local Legal Culture as Field of Vision

狭义的绍兴师爷专指刑名师爷,他们是辅佐明清州县官吏从事诉讼活动的'幕后法官'或司法秘书,他们属不在编的地缘性法律职业人群体,按'公式之刑名'依法办事.他们是专业的法律诉讼人才,其注释的律例、汇编的成案中体现了他们崇尚法律权威、弘扬法治传统、实现社会正义的法治精神.他们在统一适用大清律例、维护清朝正常的司法诉讼活动方面起了关键的作用.

A narrow sense' s Shaoxing Private Adviser specially point to the secretary of jurisprudence. They were backstage judges that assist officers to handle the cases of Ming and Qing Dynasty' s states and counties. They belonged to those that they were not on the regular payroll, and they handled cases according to law of Ming and Qing Dynasty. They were specialized legal human talents on action. Generally there were some rule by law's spirits in cases collection which were noted and compiled by those secretaries of jurisprudence .For example ,the upholding authority of law, promoting and developing rule by law's tradition, and realizing the social justice. Further , they play critical role in applying to Qing Dynasty's statutes and precedents ,safeguarded its normal judicial activity.