清代刑部与京师细事案件的审理

The Board of Punishment and the Adjudication of Minor Cases Originating in the Capital during the Qing Dynasty

清代刑部作为天下刑名总汇,却大量审理京师笞杖案件,原因在于旗人尤其是皇族的特殊司法管辖以及清代京师审判制度的内在矛盾。清初,由于旗人特殊司法管辖,内务府和八旗对于旗民交讼之案须送刑部审理;五城察院对于单旗案件,也交刑部。清中期以后,涉及皇族的案件,不论罪之轻重,均由宗人府会同户、刑二部审理。清代京师并不存在逐级审转复核制,京师各衙门送刑部之案均不拟律,这使得刑部大量审理笞杖案件以避免拖累。

This article explores the reasons why the Board of Punishment,as the judicial and legal center＂Under Heaven,＂ adjudicated numerous minor cases during the Qing dynasty. The Board of Punishment adjudicated minor cases because of the special jurisdiction over bannermen,especially the imperial clansman and because of the inherent contradiction of the juridical system in the Capital. At the beginning of the Qing dynasty,because of the special jurisdiction over bannermen,the Imperial Household Department and the Eight Banners had to send cases involving both bannermen and civilians to the Board of Punishment. Censors of the Five Wards also had to send cases involving only bannermen to the Board. Since the mid-Qing,cases involving imperial clansmen,regardless of their possible punishments,had to be co-adjudicated by both the Imperial Clan Court and either the Board of Revenue or the Board of Punishment. There was not＂a system of adjudicating,transmitting,and confirming level by level＂in the Capital,and each yamen did not offer recommended punishments when they sent cases to the Board of Punishment. Therefore,the Board adjudicated numerous minor cases in order to avoid delay.