明清州县司法审判中的“人情”因素——以“一女二嫁”、“典雇妻女”、“买休卖休”案件为中心

Factors of "Worldly Wisdom" in Zhou and County Level Judicial Decisions in Ming and Qing Dynasties:An Examination from Marriage Cases

明清州县官员在审理有关"一女二嫁"、"典雇妻女"、"买休卖休"案件时,其判决结果有时与法律制度有较大的出入。判决结果与法律制度的冲突在明清州县司法审判中是较为常见的现象。这些判决体现了官员们"顺人情"、"体风俗"的观念,是中国传统司法文化的基本特点。

When the zhou and county level officers made judicial decisions on cases concerning ＂one daughter marrying two persons＂, ＂selling and hiring wives and daughters＂, and ＂divorcement for money＂ in Ming and Qing Dynasties, the result often differed from the law. This type of conflict between judicial decision and law often appeared in Ming and Qing Dynasties in zhou and county level. This phenomenon reflected the idea of respecting worldly wisdom and social customs of the officers, which is a significant characteristic of traditional Chinese judicial culture.