“歇家”介入司法领域的原因和方式

On Reasons and Methods of Xiejia's Intervention in the Judicial System

"歇家"参与司法领域的最主要方式有三:一是利用其赋役征收功能延伸到司法领域,二是利用提供食宿服务功能延伸到司法领域,三是利用其保人、职役、解户的身份直接或间接干预司法审理及监狱制度的延伸管理。由于其延伸功能之途径有别,所以上述"歇家"参与司法领域的演变轨迹亦不同。

The essay analyses three main ways by which Xiejia intervene in the judicial system. Firstly, it made use of its function of imposing the tax and corvee to stretch to the judicial system. Secondly, it made use of its function of providing food and accommodation service to stretch to the judicial system. And thirdly, it made use of its capacity as a guarantor, a Zhiyi, or a Jiehu to interfere the judicial try and the stretching administration of the prison regulations directly or indirectly. Because of the different methods of its stretching function, tracks which Xiejia's intervention in the judicial system were different.