清代官媒的法律功能及其流弊——兼论晚清有关“治法”与“治人”关系的思考

The Examination of the Legal Functions and its Canker of Guan Mei in Qing Dynasty

既往零星的研究对清代官媒的认识存在诸多不确之处。实际上,清代官媒除了作婚姻媒介人之外,尚充当清朝合法买卖人口的中证人,并承担看管、解勘女犯以及为犯奸女犯择嫁等法律事务。而承担看管女犯的官媒,在实践中常常有违律例而非法羁押女性犯证,以谋其私。有清一代,在羁押女犯的制度设计上,屡屡更张,但流弊如故,其间每多引发时贤对"有治法,而尤贵有治人"的省思。

There are some incorrect standpoints in the Previous studies on the GuanMei in the Qing Dynasty. In fact,besides as the matchmaker,the GuanMei also served as the witness in the Human trafficking provided by the Code and took lots of legal affairs, such as guarding and escort the female prisoners and selected the marriage for the adulteress. In the practice,the GuanMei guarding the female prisoners often detent the female prisoners and witness illegally in order to seek profit. In Qing Dynasty,the Legal system about the detent the female prisoners was altered frequently, but its canker was unchanged, as frequently initiated the sages＇thought that the law is important and the good government official is more important.