清代中朝关系中的司法制度

The Judicative System which China and Korea Both Followed in Qing Dynasty

清代中朝关系中法律案件的终审判决权掌握在清帝手中。清帝在处理朝鲜人触犯中国利益的案件时,审理程序和定罪标准在不同时期表现不同,总体趋势是使朝鲜在司法制度中发挥的作用越来越大。对“内地人”触犯朝鲜利益者,清帝的处罚标准和朝鲜人基本相同。受中朝宗藩关系的影响,两国间司法制度的特点,一方面向着法律的公平、公正化方向迈进,有利于两国关系的友好发展;另一方面又渗透着清帝个人的感情色彩,使法律缺乏长效机制,致使个别问题不能得到及时有效的解决。

When dealing with the cases that happened between China end Korea in Qing Dynasty the Qing Emperor handed down a verdict at final sentence. Qing Emperor adopted the different inquisition procedure and sentenee standards to handle the eases in the perinds of the Qing Dynasty. But the general trend was the Korea govemment played the more important role by the time. Qing Emperor almost took the same way and sentence standards to punish the Chinese or Korean who violated the neighboring state＇s benefits. Under the background that Korea depended on China in Qing Dynasty, the judicative system and its implementation became quite comphcated. There were two opposite trends： the positive, the Emperor solved the issues by justice and objective, consolidated the two states friendship. The negative, the Empewr＇s weak personality some times broke the judleative system and let some cases disorder.